Naveen (BI Consultant) 21 April 2015

Evidence at the time of discharge application

Hi ,

Police submitted charge sheet to court under 498a, 323, 504, 506, r/w 3&4 of DP Act. But it contains only complainant & her relatives statement and marriage photos as evidence.

I am applying for discharge as there are many contradiction b/w FIR, Chargesheet & witness statement, Please advice if i can submit below few material evidence at the time of filing discharge application.

1. House purchase document in UK which is in my & my wife name.

2. My wife used to travel India trip from uk in business class

3. Email from her before filling FIR which states she was having lavish life.

I am asking this question since her all allegation is about giving 5 lakhs cash and customary gifts at the time of marriage which they are claiming as dowry.

Thanks in advance.

Reply Follow

8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 April 2015

Yes. You can very well argue in the court of law with all your materials evidences for the discharge of the case.

Rajkiran123 (Manager) 21 April 2015

Dear ramachary sir,

What I understood from the internet research and other sources that evidences will not be entertained under discharge petition. They can only be used during the trial. The discharge petition is filed purely based on legal grounds with just FIR and chargesheet attached and can be discharged if prima facie is not made on the accused considering the details in FIR/chargesheet. Please correct me if I am wrong.

Thanks for your assistance.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 21 April 2015

Dear Naveen,

At the stage of Charge either you can argue or file discharge application bringing contradictions in FIR, chargesheet and statements of witnesses. court would not allow you to file documents if it will be allowed then it cannot be looked into at this stage.

Rajiv Bhasin

SOLICITORS AND ADVOCATES

BHASIN LEGAL CONSULTANTS

www.bhasinlegalconsultants.com

bhasin.laws@yahoo.com

9811210505

SAINATH DEVALLA (LEGAL CONSULTANT) 21 April 2015

498 A discharge application can be filed any stage of the proceedings as par section 245 of crpc, it can also be filed before framing of the charges u/s 239 crpc.grounds of discharge should be mentioned in detail and also see that no prima facie is made out.

Regarding the evidences the court may not allow in the initial stages and U can produce them as and when deemed fit to be submitted.

Naveen (BI Consultant) 21 April 2015

Many thanks for your response Ramachary, 498avictim, Rajiv & Sainath.

Regards

naives (Manager) 21 April 2015

Naveen ji, I am no learned person regarding law, but I would think twice before giving proof of my property in UK to an Indian court of Law as it won't be long when the woman starts trying to grab that too from you...would ask a few more legal professionals before proceeding regarding this...

Naveen (BI Consultant) 22 April 2015

Thanks Naives ji, Thats a valid point to consider.

But in my case she can get those documents, also i got AB when i was in UK based on those documents but that was in session court and my case/discharge application is in magistrate court.

1 Like

T. Kalaiselvan, Advocate (Advocate) 30 April 2015

That reminds. Naives is not all that naive on these aspects. He has a valid point to be taken care of, but unfortunately the querist has already revealed all his details in advance, so there is no issue about it now. However there is no need to produce any documentary evidence at discharge stage. It is a matter of trial. Secure them for use at a later stage.

1 Like