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Ravi Kishore (Teacher)     31 December 2012

Filing a discharge petition

Hi,

Me & my Family has been falsely charged under Sec 498A and "final report" has been submitted by police and quash petition on grounds of jurisdiction has been dismissed by HC although the grounds were strong. I do not know if charges have been framed by the trial court but we keep appearing to the trial court every month continously only to come back next month for the past 2 years....

 

a) How do i know the status if "charges" has been framed or not by the court based on the final report by police. My lawyer is not reveling this as he feels he might loose a potential case if I go for discharge petition at session court. Should I file an RTI to know the case status?

b) Can I file a discharge petition based on the "final report" at Session court on grounds of jurisdiction(no part of crime occurred in that place).

c) Is it appropriate to have two different lawyer ; one for session court & one for trial court without infringing upon the lawyers space.

I would appreciate any sort of help in this regard.

 

Regards

Ravi K



Learning

 5 Replies

Rashid Ali (own practice as a criminal lawyer)     02 January 2013

generaly dishcharge petitins are not accepted by megistrate courts. get aquital n merit of case .

Ravi Kishore (Teacher)     03 January 2013

Dear Sir,

But can I try in Sessions court for discharge petiion instead of the sub-ordinate magistrate court.? Thank you very much in advance.

Regards

Ravi K

 

 

Ravi Kishore (Teacher)     11 January 2013


Dear sir

Any further direction is highly aopreciated.

Regards
Ravi K

Rashid Ali (own practice as a criminal lawyer)     12 January 2013

chargerges are not framed in absence of accused. rti cant be used in court proceeding. when charge would be framed after you can file dish charge petition. your lawyer can argument at the time of framing charges.

FREEDOM & LIBERTY (Business)     25 December 2013

Hi All

I want to know whether a discharge petition can be filed even before filing of charge sheet or only after filing of charge sheet and framing of charges can we file a discharge petition.

 

Thanks and regards.


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