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239 crpc discharge after framing of charges in 498a
10-Nov-2023 (In Criminal Law)
Hi Sir/MadamMy wife filed Private 498a case directly in court. Me(A1) and my mother(A2) received summons and we attended the court and recently We are examined in court under sec 239 crpc. now the case stage is for TRAIL on December 20a22 and we need to appoint advocate on our behalf for next adjournment. nnThe case status is as belown"Accused 1 and 2 are present and they are examined under Section 239 Cr.P.C. For the offences U/Sec. 498-A IPC and U/Sec190(1)(1) Cr.P.C against Accused 1 and 2 and charges for the said offence are framed and the contents of the charges are read over to them in Telugu language for which they denied the case of prosecution and pleaded not guilty and claimed to be tried. For trial, Hence issue summons to L.Ws. 1 to 3 call. on adjournment."nnnSo, How can i remove my mother name from this case as she was 60 years old and diabetic. Can i apply for any discharge petition for my mother can i defense my own case in this 498a trail as part in person. Plea
hi you could file a discharge petition for your mother and yourself but it would be done in rarest cases then for your mother and you could file quash petition in high court and also dispense with appearance in court
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Adv. Baddam Aravind Reddy
Secunderabad | 500+ Answers
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What is meant by framing of charge?
The framing charges under the CrPC is an important stage in criminal proceedings. A court will accuse a person (the accused) based on the evidence and allegations made by prosecution. 14-Sept-2023
What happens after framing of charges?
If the accused confesses to his guilt, he is immediately punished. If the accused does not admit guilt or denies it, then the judge will charge him under various sections of IPC. The trial begins and the case is then adjourned to gather evidence. The judge will decide if there is no offense after reviewing the material.
What is charge stage in court?
The CRPC charges are filed after the police have completed their investigation and presented the charge sheet stating the offense committed against the accused. The court then examines the chargesheet and decides whether to charge the accused. 29-Sept-2019
What is hearing before charge?
The next step is HBC, which is HEARING BEFORE CHARGE. The accused is free to submit a discharge application in accordance with Section 239 Cr. P.C. in any criminal case. You can then file the application, and if the prosecutor objects to it, it will go before the court for argument.
Hello Sir,
At present you can't file a Discharge Petition (239 Cr.P.C).
Discharge Petition must be filed before framing of charges only. After the examination of Accused, it is not possible to file a Discharge Application.
At Present, you can file an application under Rule-37 CRP or u/sec 207 Crpc for attendance Dispense. or you may file Quash Petition in HighCourt, there you may get Stay or Attendance Dispense.
At present you can't file a Discharge Petition (239 Cr.P.C).
Discharge Petition must be filed before framing of charges only. After the examination of Accused, it is not possible to file a Discharge Application.
At Present, you can file an application under Rule-37 CRP or u/sec 207 Crpc for attendance Dispense. or you may file Quash Petition in HighCourt, there you may get Stay or Attendance Dispense.
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Adv. Bonthu Lokesh Phanindra Reddy
Hyderabad | 25+ Answers
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