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But it MUST BE REMEMBERED AND KEPT IN MIND that 'Discharge Application' has
very limited area to play. You have to prepare your 'Discharge Application'
on the basis of :-
Accused simply cannot rely upon any other document or evidence for
'Discharge Application'. Then when other evidence will help ? Answer is in
'trial'.
2] This application need not be submitted on the date given for 498A case.
It can be submitted on any day. Some courts have their own methods for
handling it. In some court, a 'MISC' (miscellaneous) case number is given
and heard separately with separate set of hearing dates. In some court, it
is heard under the same number of chargesheet case (Criminal Case : C.C.
No.). But under any method, the main 498A case is stopped till 'Discharge
Application' is not disposed off.
4] Now PP has to submit his say and he makes all drama of not submitting.
Here accused can submit 'Pursis' to court on each and every date about 'PP'
not submitting his/her say. Accused can make application to court that 'PP'
has nothing to say and therefore not submitting his/her say and therefore,
proceeding may please be continued without his/her say. Accused should not
care for outcome of these exercise, but continuous pressure should be built
on PP to give his/her say. Please note, without his/her say, matter will
not move at all and therefore it is very essential to build a continuous
pressure which normally advocates don't do.
5] After PP's say, accused has to make arguments. Accused can submit
'written argument' (with a copy to PP) and also make oral submission, both.
6] Then PP has to make his/her argument. Again he may ask for adjournments
for his/her argument and accused has to repeat pressure building tactics.
Unless PP makes argument, matter will not proceed further. But 498A will
remain in abeyance (on hold).