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Discharge petition for mother as wife filed case for domestic violence
19-Feb-2023 (In Criminal Law)
My wife kept 498A, 3,4,DPA case - on me, my mother, my sister. My sister living in separate town. My mother lives in ist floor. We live in 2nd floor. My mother is 64 yrs & cardiac patient with stent. Can we apply for discharge petition to my mother.
Yes. You can apply for a discharge petition showing the above grounds. File the medical reports in support of your application, so that the court can consider and pass necessary orders for discharging your mother.
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Adv. Solomon Raju
Vijayawada | 25+ Answers
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What is discharge application under section 239?
The Magistrate can order a discharge under Section 239 if he or she believes that the charges against the accused are unfounded. The complaint is filed by the first respondent (the complainant).
What is the case of discharge application?
A discharge application provides a remedy to a person who has been maliciously charged. The law gives him the right, if the accusations made against him were false, to apply for discharge in the court concerned. 21 Dec 2022
At what stage discharge petition can be filed?
The judge can decide to file this application even before charges are brought against the accused if he believes that the evidence is not sufficient for the prosecution.
What is a 227 discharge petition?
Justice N. Nagaresh explained to the Court that in order to discharge an accused under Section 227 CrPC, it must first determine whether there are enough grounds to proceed. If these grounds are established, the Court cannot pass an order of discharge and will have to proceed with a trial. 12 Sept 2023
Discharge petition in 498A case
Discharge petition under Section 239 CrPC
Deletion of respondents in DV case
Summons in DV case
Acquittal in DV case
Latest Supreme Court judgement on discharge of accused
Discharge application format PDF
Difference between 227 and 239 CrPC
Discharge application under Section 239 CrPC format pdf
Supreme Court Judgments on Section 239 CrPC
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