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Siva Ram (nil)     11 April 2010

how to file discharge petetion/ quash petetion for 498A

dear all

in a case which was registered on around sep-2006,under 498A, 506, 323. a false case . the complainant is a daughtor of a Deputy superintendant of police in AP , but a1,a2,a3, a4, a5 not arrested since they applied for anitcipatory bail. all the 5 accuses applied for bail. but honble, court granted anticipatory bail for a2 to a5, on march 2007.

a1 went to high court there the aniticipatory bail petetin dismissed, the DSP who is the father of the complainant is managing the public procecutors. in the result a1 not able to obtain the A.B

a1 used to stay at the house of the complainant after these attempts. and a1 requested the DSP family to withdraw the false case . but the family of the complainant opposed to do so, untill a1 comes as illitum-son-in-law .

a1 tried to convince by all means. but in vein. he complained on illegal properties of the DSP ,to the anti corruption bearue, based on the compliant enquery was done on DSP in the month of june-2009.

keeping the consequences of the ACB Compliant the DSP forced the local police to arrest the A1 on the case filed a long back i.e SEP-2006. following the DSP order the police department arrested the A1 and sent to remand for 6 day. in the same week charge sheet has been filed for this case(case registered on SEP-2006)

in the regard of this case the accused A1 wishing to file discharge petetion in the court for discharge of a2 to a5 , because a2 to a5 are never stayed with the complianant. a2 and a3 are students at the time case registratin.

please suggest us how to file discharge or quash petetion in the honble court. for discharge of a2 to a5, who are really innocent , the case is purely false . the main intension behind registering the case is to get a1 as illitum -son-in-law and to safe guard from rides from Anti corruption bearue.

 

 

 

 



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 5 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     12 April 2010

Siva Ram (nil)     12 April 2010

AEJAZ AHMED

thak you very much AEJAZ AHMED ji

i have approached senior advocate of high court  ap he suggested me first to file discharge petetin, later we can go for quashing of fir in high court (as appeal)

i.e my question is how to apply for discharge petetion , what are the grounds that we need to show for the same

AEJAZ AHMED (Legal Consultant/Lawyer)     12 April 2010

Dear Siva Ram

You can file a petition U/S. 245 of Cr.P.C., before the concerned magistrate for "Discharge" of the concerned accused.

 

Kindly go through the below section:

 

245. When accused shall be discharged.

 

(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

 

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

 

About grounds of the petition....yourself, you are saying that:

"because a2 to a5 are never stayed with the complianant. a2 and a3 are students at the time case registratin".

Make your petition on the above grounds and file petition before the magistrate.

For your further reference kindly go through the following Judgments:

  


Attached File : 25 25 discharge petition.rar downloaded: 518 times

AEJAZ AHMED (Legal Consultant/Lawyer)     12 April 2010

" Therefore, the revision is allowed and the petitioner is discharged of the offence under Sections 498-A and 306, I.P.C."


Attached File : 17 17 sebbella veera venkata 1 vs state of a p on 31 october 2003.pdf downloaded: 337 times

Siva Ram (nil)     25 April 2010

dear

AEJAZ AHMED ji       thank you sir,

i have filed a divorce petition in the court , as my wife was living with their parents since 3 years. Now they approached my elders that they are ready for compromise.

at this incident iam asking them to withdraw the 498A case by giving the statement in the court (498A was filed on me 3 years back ). buy they are telling that they are ready to proceed through LOK ADALATH.

which one is the best and safe for me , among the two ways. please give me your contact number


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