Respected Sir/Madam,
I have the following doubt regarding the 498A that my wife has filed against me and my parents.
Facts
- 498A filed in 2014.
- Chargesheet has been filed by Apr/May 2015.
- Parents name has been left out from the chargesheet
- Chargesheet mentions no offence about the dowry harrassment
- Case is in magistrate court (framin stage in 10 days)
- Filed 482 CRpC in High Court and the result is as follows
- Petitioner can bring the merits during the framing of charge in magistrate court and seek necessary quash/discharge
- Stay of this case is not maintainable
Question
- I see that CRPC 239 and CRPC 245, can be used to discharge the petitioner given that there are no prima facie in ht case put up.
- Can I file the petition for CRPC 239/245 in front of the magistrate before framing the charge?
- Given the above facts, what special precaution do I need to take care to get this in favor or me?
Thanks in advance.
