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Regarding discharge in 498a after chargesheet


10-Jul-2023 (In Criminal Law)
If IO doesnot include the evidences given by accused in 498a 406 34 case. Can accused give them after chargesheet is filed. As i want to move for discharge on the bases of evidence i have.
Answers (3)

Answer #1
951 votes
yes as per your contents .u can move an application for examination of witnesses from defence sid .. and if the court allows then they can come to court. court will surely approve them as this in in Interest of Justice .u can contact me ..I have a senior criminal lawyers associated with me who had good expertise in 498 a matters and have many cases in which the accused has even been acquitted .u can contact me through app.

Answer #2
750 votes
If there has been irregularity in investigation and due to which evidences could not be filed with chargesheet still you can move an application and file the evidences and move an application seeking discharge from the case on grounds of such evidences
Answer #3
996 votes
firstly all the documents regarding the evidence collected by the defence that is husband is required to be produced for thourough perusal of the records and the document inter alia in the favour of the husband possibly to adjudge regarding the discharge of the accused person from the proceedings although discharge application can be filed before the concerned magistrate before framing of charge , an application under section 482 criminal Procedure Code can also be filed before the honorable High Court for quashing of the charge sheet. possibility of acquittal of the accused person is always their if the trial is held properly... thank you

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