Prima facie in 125 crpc and dv case

@ Author,


Today I noticed (may be by server time out mistakes) your three queries which are still un-replied!.


Let me attempt to reply to atleast one (J) now;


First – Have patience - daily pray to Lord Hanuman and now take Lords’ leap to prove YOUR ‘innocence’ which you claim you are before the forum!


1. Discharge is done under S. 227, 228 of The Code (CrPC).

There is a recent landmark Judgment on ‘discharge’ which both you and your Advocate must study and make use of

https://indiankanoon.org/doc/68365/

2. Study below two good citations and share them with your Advocate which is essence of your several questions (as hints on how to go about it now)

https://indiankanoon.org/doc/909628/

https://indiankanoon.org/doc/1061764/

3. Do daily read of last 10 posts in Criminal law and Family law forum. Once you grasp / understood the Q & A therein discussed then ask a question again related to your case.

I expect an Indian Husband do be legally tasty so that HE now understands the gender biasness and act accordingly in Court of Law.

ATB
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[ATB = All the Best]

All the discripancies which your wife has in regard to the cases she has filed as against you u/s 125 Cr P C for maintenance, 498-A IPC for cruelty and D V Act, can be used by you against your wife in Cross examination to defend your case. As regards Dischrge is concerned, ask your lawyer to prefer application U/s 239 of Code of Criminal Procedure.

As regards chargesheet is concerned, thats your right to get from court. if not, then you can apply for certified copy of the same and prefer application for discharge. Make sure that you prefer application for discharge before charge is framed as the position has changed subsequent to 1999 Judgment delivered by Apex court.

All the contradictions those are there in the petitions preferred by your wife, please dont high light the same in your reply and dont try to alarm your wife by the same. You can as stated above always use it as sheild for yourself and cross-examine on the basis of cross-examination.

Thanks Tajobs and Yougesh for valuable information and suggestions.  I will ask my lawer to follow this.

 Can I quote the contradictions in DV complaint and Complaint u/s 498 A in my discharge petition?

 I heard discharge petition can be filed only on the basis of complaint, chargesheet and other documents received by court.  

As far as DV complaint is concerned she did not mentioned any dowry related violence or dowry demand though the incidents and dates are same.

Can I include the documents related to DV case(her individual application to Protection Officer, DIR) in discharge petition? If so, under what section I have to file discharge petition?

Thanks Tajobs and Yougesh for valuable information and suggestions.  I will ask my lawer to follow this.

 Can I quote the contradictions in DV complaint and Complaint u/s 498 A in my discharge petition?

 I heard discharge petition can be filed only on the basis of complaint, chargesheet and other documents received by court.  

As far as DV complaint is concerned she did not mentioned any dowry related violence or dowry demand though the incidents and dates are same.

Can I include the documents related to DV case(her individual application to Protection Officer, DIR) in discharge petition? If so, under what section I have to file discharge petition?

Dear Sudhakar,

Discharge application is purely on the basis of the charge-sheet on the basis of which you can make out a case before Court that the offence is not made out as against you and you are falsely implicated in the same.

You can file documents in the criminal case registered as against you. You can produce them at the time of discharge or evidence. However, when you draft the discharge petition, incorporate all the points i.e. contradictions and ommissions and support them on the basis of the petitions which she has filed before court to substantiate your case for discharge. Make it a point that you have a strong case for discharge. All the contradictions those are there in her case elaborating how the criminal case filed as against you is false and frivolous.

Dear Sudhakar,

Discharge application is purely on the basis of the charge-sheet on the basis of which you can make out a case before Court that the offence is not made out as against you and you are falsely implicated in the same.

You can file documents in the criminal case registered as against you. You can produce them at the time of discharge or evidence. However, when you draft the discharge petition, incorporate all the points i.e. contradictions and ommissions and support them on the basis of the petitions which she has filed before court to substantiate your case for discharge. Make it a point that you have a strong case for discharge. All the contradictions those are there in her case elaborating how the criminal case filed as against you is false and frivolous.

Dear Yougesh Sir,

Thank you very much for your great suggestions and words.  Your reply is a great relief to me.

Really thankful to you

To serve, provide relief and guide is our duty. I hope you have your anxities at rest now.

Yougesh Sir,

In my 498A case police completed investigation in two days and only they recorded my wife, brother in law and 

my own brother's statement.  The chargesheet is just replica of their statements.  No detailed investigation is made.  Except my wife's, BIL and my brother's statements are cooked up.  I know they have not gone to police station and gave any statements. Normally what would be the investigation period.  FIR registered on 16th March 2012 and my wife statement on same day, BIL and my own brother's statement on 18th March, 2012. BIL and own brother statements are clearly showing the corrections in  date of recording as 16th to 18th.  Can I challenge this in my discharge u/s 239 crpc.  

They did not visited/enquired any neightbors or my parents or inlaws place all of them are local places in Hyderabad just 10 km vicinity.    The whole investigation is completed in two days as per chargesheet and statements.  The chargesheet is replica of statements.  After a month of deparing  my wife, neighbours of my apartment went to my in laws house made efforts to re uninon.  They did not told anything about dowry harrasment/I am drinker/ I living in Adultery.  No bad allegation against me in mediation.  She 

She mentioned in her complaint that I broght one person as mediator and threatened her and my MIL.  It is registered in FIR also.  But in her detailed statement she did not mentioned anything about that and chargesheet also nothing mentioned about that.

Can I challenge this in discharge petition?  The police investigation is not proper and not investigated completely.  She skipped the incident in her statement and all?

The main problem here is all advocates whom so ever I met they are simply discouraging me as lower court will not dischage any one.  I am not getting any one expert like you.