KNK A Learner (Learning to share) 24 May 2011

Filing Discharge petiton based on HC Landmark Judgment 498A

HC, Delhi Smt. Sangeeta Kalra Vs. State 02-03-07 Vague allegations, no specific details.

While framing charges, trail court must take *entire account* and decide if case is made out or court being used as a tool.

HC, Delhi Smt. Neera Singh Vs. State 23-02-07 Vague allegation against all relatives not to be accepted at face value. Before framing charge, *careful scrutiny* of allegations by court required. Compliance of rules framed for maintenance of list under DPA should be insisted. Proof of dowry or gifts to be provided.

Based on these two judgment, why cannot we file discharge petition in 498A, if there is no involvement of dowry and gifts and having proofs of it?

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5 Replies

PALNITKAR V.V. (Lawyer) 24 May 2011

Yes. Discharge application should be filed wherever the facts show that there is no prima facie case.

Sarvesh Kumar Sharma Advocate (Advocacy) 24 May 2011

yes discharge can be moved u/s-227 , 239 cr.p.c.

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(Guest)

Yes, you must try for discharge. Both of these citations are good and useful. The most important thing while seeking discharge is the charge-sheet. Evidences, etc are not of much value at this stage; the court can refuse to consider the same.

And, if you have substantial evidence and still your discharge is refused, go for a writ to HC using 482 along with articles 226-227, to seek alternative remedy.