When an accused shall be discharged from a case of 498A?
The Case: My wife has filed 498A suit against my family of (Myself Father, Mother, Sister & her husband, and my brother who stays ABROAD)
Scenario: I do have the copy of my brother's Passport duly signed by the Embassy Abroad, showing travel records that he has not been in India during the period wherein my wife has accused of harassment.
Question: Last week, I did file an Application for Discharge of the accused (my brother) with the JMFC Court of my city. The judge says that it is necessary that the accused who is staying abroad BE PRESENT here while the Discharge Application is heard.
Now my question is...
1) As per the application filed under section 239 Cr.Pc for discharge of accused whether his presence is required before Court?
2) Whether the said Discharge Application u/s 239Cr.Pc for discharge of accused by heard by the Judge in his absence?
3) Whether the accused residing abroad has to present the said application in person to discharge himself?
Kindly quote the relevant/specific law and provisions of the Act. I want my brother's name to be removed from the case.
-Student-
