VJVJVJVJVJ (Professional) 13 January 2013

Splitting of 498a case

I along with my 3 other relatives are accused in a false dowry case. Other 3 accused applied for discharge u/s 239 on the ground that the civil cases (divorce, maintenance & RCR) are already pending before various courts between me and my wife and the dowry case is filed with ulterior motive. But it is dismissed. Of the 3 co accused, 2 are going to High court for appeal and quash.

My query is - IS there any provision to split the case between me and one more co accused and leaving the 2 co accused who are going to HC?

In what circumstances, we can ask for split of the case and framing of charges leaving the 2 co accused (who are going to HC) and begin the trial?

Reply Follow

1 Replies

(Guest)

@Querist,

1.Yes,there is a provision for a separate trial of joint accused if the authority(Here authority means any judge or magistrate)thinks it's necessary to do so in interest of justice(Ref-section 317(1) and section 317(2) of CRPC).

2. You can make a request to the court in cases if it's not viable for the co-accused or you or both to appear physically before the court everytime during the trial(as the circumstances depicts).

Note-This reply should be taken as per the declartion given in my profile page.

Thanks,

Regards,