DISCHARGE PETITION in 498a cases
Discharge Petition u/s. 239 Cr.P.C. before framing of charges
1. All the documents accused received with charge sheet
2. Any document which police have in their possession [may be submitted by accused at the time of bail application at court or made some application to police attaching some documents] but not submitted with charge sheet to make case of accused weak and case of complainant/prosecution strong.Accused simply cannot rely upon any other document or evidence for 'Discharge Application'.
3. Make application as advised above. You have to state 'Grounds' for discharge and show that no 'prima facie' case is made out.
4. This application need not be submitted on the date given for 498A case. It can be submitted on any day. Some courts have their own methods for handling it. In some court, a 'MISC' (miscellaneous) case number is given and heard separately with separate set of hearing dates. In some court, it is heard under the same number of chargesheet case (Criminal Case : C.C. No.). But under any method, the main 498A case is stopped till Discharge Petition is not disposed.
5. One copy of 'Discharge Petition is given to PP in court at the time of filing original application for discharge in court. Court writes order on discharge application - 'PP to say'.
6. Now PP has to submit his/her say and he makes all drama of not submitting. Here accused can submit 'Pursis' to court on each and every date about 'PP' not submitting his/her say. Accused can make application to court that 'PP' has nothing to say and therefore not submitting his/her say and therefore, proceeding may please be continued without his/her say. Accused should not care for outcome of these exercise, but continuous pressure should be built on PP to give his/her say. Please note, without his/her say, matter will not move at all and therefore it is very essential to build a continuous pressure which normally advocates don't do.
7. After PP's say, accused has to make arguments. Accused can submit 'written argument' (with a copy to PP) and also make oral submission, both.
8. Then PP has to make his/her argument. Again he may ask for adjournments for his/her argument and accused has to repeat pressure building tactics. Unless PP makes argument, matter will not proceed further. But 498A will remain in abeyance (on hold).
9. Then proceeding is completed. Magistrate gives order on discharge application - either acquittal OR dismissal of application.
Discharge Petition u/s. 245 Cr.P.C. after framing of charges or at any stage
'Revision' of Discharge Petition at Session Court u/s.397 Cr.P.C.
Discharge Petition u/s. 239 Cr.P.C. before framing of charges
1. All the documents accused received with charge sheet
2. Any document which police have in their possession [may be submitted by accused at the time of bail application at court or made some application to police attaching some documents] but not submitted with charge sheet to make case of accused weak and case of complainant/prosecution strong.Accused simply cannot rely upon any other document or evidence for 'Discharge Application'.
3. Make application as advised above. You have to state 'Grounds' for discharge and show that no 'prima facie' case is made out.
4. This application need not be submitted on the date given for 498A case. It can be submitted on any day. Some courts have their own methods for handling it. In some court, a 'MISC' (miscellaneous) case number is given and heard separately with separate set of hearing dates. In some court, it is heard under the same number of chargesheet case (Criminal Case : C.C. No.). But under any method, the main 498A case is stopped till Discharge Petition is not disposed.
5. One copy of 'Discharge Petition is given to PP in court at the time of filing original application for discharge in court. Court writes order on discharge application - 'PP to say'.
6. Now PP has to submit his/her say and he makes all drama of not submitting. Here accused can submit 'Pursis' to court on each and every date about 'PP' not submitting his/her say. Accused can make application to court that 'PP' has nothing to say and therefore not submitting his/her say and therefore, proceeding may please be continued without his/her say. Accused should not care for outcome of these exercise, but continuous pressure should be built on PP to give his/her say. Please note, without his/her say, matter will not move at all and therefore it is very essential to build a continuous pressure which normally advocates don't do.
7. After PP's say, accused has to make arguments. Accused can submit 'written argument' (with a copy to PP) and also make oral submission, both.
8. Then PP has to make his/her argument. Again he may ask for adjournments for his/her argument and accused has to repeat pressure building tactics. Unless PP makes argument, matter will not proceed further. But 498A will remain in abeyance (on hold).
9. Then proceeding is completed. Magistrate gives order on discharge application - either acquittal OR dismissal of application.
Discharge Petition u/s. 245 Cr.P.C. after framing of charges or at any stage
1. Your petition should state Grounds for discharge and show that no prima facie case is made out.
Then, repeat process of 3 to 9 steps from the discharge Petition u/s. 239 Cr.P.C.
'Revision' of Discharge Petition at Session Court u/s.397 Cr.P.C.
Your Revision Petition should state Grounds for discharge and show that no prima facie case is made out and subordinate court found error in doing so.
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Discharge Application u/s. 239 Cr.P.C.
Discharge Application u/s. 245 Cr.P.C.
Discharge Petition before framing of charges
Discharge Application u/s. 239 Cr.P.C.
Discharge Application u/s. 245 Cr.P.C.
Discharge Petition before framing of charges
Discharge Petition after framing of charges or any time after trial starts
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