How to move to speedy trail for 498a

If she was living with u then lodge a FIR in local thana of 420 or faujdari with consult of Lawer .....file a discharge petition under crpc 239 with full evidences at her local court when Lawer is not reliable change him n keep changing at certain interval because such kind of racket buy the Lawer...keep two Lawer and never let them mingle

What after 498a Chargesheet is filed

What after chargesheet (final report) by police ?

Chargesheet is filed u/s.238 Cr.P.C.

Immediately accused have an opportunity to challenge the 

chargesheet in

from of submitting 'Discharge Application' u/s.239 Cr.P.C.

This opportunity if lost, has no side effect whatsoever.

However 'Revision' lies at Session Court u/s.397 Cr.P.C.

Even if 'Revision' is lost, remedy lies as 'Apeal' at High Court for

'quesh' u/s. 482 Cr.P.C.

Even if apeal is lost, remedy lies with Supreme Court under 

Article 32 of

Constitution. Even if all these opportunities are lost, there is 

absolutely

no side effect whatsoever of these remedies.

But it MUST BE REMEMBERED AND KEPT IN MIND that 

'Discharge Application' has

very limited area to play. You have to prepare your 'Discharge 

Application'

on the basis of :-

1] Only all the documents accused received with chargesheet ; 

and

2] Any document which police have in their possession [may be 

submitted by

accused at the time of bail application at court or made some 

application

to police attaching some documents] but not submitted with 

chargesheet to

make case of accused weak and case of 

complainant/prosecution strong.

Accused simply cannot rely upon any other document or 

evidence for

'Discharge Application'. Then when other evidence will help ? 

Answer is in

'trial'.

As soon as Chargesheet is filed and accused decide to file 

'Discharge

Application' then he has to follow the following steps :

1] Make application as advised above. You have to state 

'Grounds' for

discharge and show that no 'prima facie' case is made out.

2] This application need not be submitted on the date given for 

498A case.

It can be submitted on any day. Some courts have their own 

methods for

handling it. In some court, a 'MISC' (miscellaneous) case 

number is given

and heard separately with separate set of hearing dates. In some 

court, it

is heard under the same number of chargesheet case (Criminal 

Case : C.C.

No.). But under any method, the main 498A case is stopped till 

'Discharge

Application' is not disposed off.

3] One copy of 'Discharge Application' is given to PP in court at 

the time

of filing original application for discharge in court. Court writes 

order

on discharge application - 'PP to say'.

4] Now PP has to submit his say and he makes all drama of not 

submitting.

Here accused can submit 'Pursis' to court on each and every 

date about 'PP'

not submitting his/her say. Accused can make application to 

court that 'PP'

has nothing to say and therefore not submitting his/her say and 

therefore,

proceeding may please be continued without his/her say. 

Accused should not

care for outcome of these exercise, but continuous pressure 

should be built

on PP to give his/her say. Please note, without his/her say, 

matter will

not move at all and therefore it is very essential to build a 

continuous

pressure which normally advocates don't do.

5] After PP's say, accused has to make arguments. Accused can 

submit

'written argument' (with a copy to PP) and also make oral 

submission, both.

6] Then PP has to make his/her argument. Again he may ask for 

adjournments

for his/her argument and accused has to repeat pressure 

building tactics.

Unless PP makes argument, matter will not proceed further. But 

498A will

remain in abeyance (on hold).

7] Then proceeding is completed. Magistrate gives order on 

discharge

application - either acquittal OR dismissal of application.

8] Hereafter accused may choose either to go to 'Revision' or 

forget going

ahead. Then charges are framed u/s.240 Cr.P.C. which accused 

shall contest

fighting that how charges are not applicable. But no advocate 

fight for

this. So in this manner accused get 2 opportunities. But due to 

this, trial

is delayed.

9] In my opinion, trial is the BEST way if accused have no good 

evidence in

charge-sheet or with police which is held back by them.

If 'Informant' has no proof for any allegation, then mere denial 

by accused

to accusations, gives acquittal due to 'benefit of doubt'.

Kunal Sir, Thank You for your reply.

Sir Kindly Advise on below issue?

Police keeps calling and talking in abusing words, Asking to come to my wife home town and settle the matter in front of police? How Can Police involve/Settle the  matter in the police station, If the issues are running in the Court. Please advise what actions can i take on police, If they keep abusing with Volgure words on me and my family? We are in very much frustrated sir....Please advise on this matter?

 

If you dont want to be harrased like this, better pay them money and take MCD.  Or else ghoda he maidan he.  Good luck.

@karthik,

Gyan prakash has advised well. Please follow. Police cannot harass you like this. Its a duty of police to protect everybody and they cannot abuse you and your family. Agar likhna padna jante ho to police wale tumhare ghar aake tumhe namaste karenge.

Next time ,if they call you.... Record the conversation and each word of police and file an FIR against that police or simple mail to all Headquaters with the attachnment enclosed of the audio recording and send RTI to Ministry whethert police cannot abuse or not.  Fir dekho kaise bhage bhage aata hai police wala tumhare ghar aur aake tyumhare haanth paaoo jodtha hai. 

 

Abi tak mein apne case mein 1 SHO , 2 CONSTABLE AND 1 DCP ko suspend karwa chika hun..

Daru mat bhai ... darna mana hai iss matrimonail case mein aur haan give MCD and get apart happily .