Home > IPC 498A FAQ > My father is very old. Can I remove his name from case?

My father is very old. Can I remove his name from case?

Your options are as below…

1.        If charge sheet is still not filed, then police can file “B” report for your father. For this you have to influence the police by the way of bribe, influence etc

2.        If charge sheet is already filed then try for exemption under 205 of crpc

205. Magistrate may dispense with personal attendance of accused.

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of’ the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of’ the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

3.        You can also file an application under 227 of crpc for discharge if the case in the court of session or under 239 of crpc if the case in front of magistrate. Read below judgment to understand about discharge under 227.

https://498amisuse.wordpress.com/2010/09/22/landmark-judgement-sc-scope-of-discharge-under-crpc-2227/

Under 239 crpc slightly different stand is taken but principals are same.

4.        You can also prefer an application under 482 of crpc in high court or under article 226/227 of constitution of India, as the case may be for Quash. Even if the quash did not succeed, you can ask for a prayer to High Court for a prayer to exempt father citing his age.

5.        If nothing works then atleast you can move application for temporary exemption on every hearing date and if the magistrate is liberal then atleast 2-3 dates your father can skip.

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Categories: IPC 498A FAQ
  1. A harassed family
    September 9, 2012 at 1:45 pm

    Can the discharge petition be filed under CrPC 239 infront of Judicial Magistrate after framing of charges and before trial

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