Time For Applying Discharge Petition U/s 239 | Vkeel - Free Legal Advice

Vivek

Ghaziabad

My sister-in-law filed a case against us u/s 498a, 323, 504, 506, 3/4. charge sheet submitted by the police. Now we have applied for mediation from high court till mediation stay of proceedings is granted by the High Court. Now my question is that can I file discharge petition u/s 239 before district court during the stay period. I am younger brother(Devar)

Expert's Answers(4)

H K Chaturvedi, Advocate Supreme Court.
Noida, Uttar Pradesh

12 Client Ratings

Even you can challenge Chargesheet in the High Court.

May 8, 2020
Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Dear Sir, Normally Trial Courts may not entertain discharge application and it is wise to file 482 application before High Court for quashing or staying the proceedings before the Trial Court.

January 28, 2020
Advocate Rupin Singh Dhama
Delhi, Delhi

1 Client Ratings

yes you can. because that will be a different petiton. you have stay on different case only. yes it is little technical but you can file.

January 25, 2020