FightForCause (Businessman) 02 June 2014

Discharge application - public prosecutor not submitting say

Hi Experts,

I have filed for Discharge Application in 498a case based on certain facts and grounds in FIR.

I submitted the application and it has been now 3 dates that PP has not submitted the SAY.

What should i do next, i am planning to put a Pusshis mentioning PP has nothing to SAY as he is not submitting the SAY from last 3 dates and application should be proceeded without his SAY.

Should i add anything more...how much more time can Judge give to PP.Will Judge direct PP to submit the SAY..last time Judge did not say anything to PP......PP most of the time do not appears in court itself.

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2 Replies

N.K.Assumi (Advocate) 02 June 2014

There are many PPs like that who play hide and seek in the court as if it is a great way of handling criminal case. However, court can not just discharge you because you ask for it. Be patient and pray to the court to fixed dates for framing of charge if charge sheet has been filed, and on the date of consideration of charge you bring out all those grounds and ask the court to discharge you if there are grounds for discharge.