What is Sec 239 Examination under Sec 498A Case ?
What is the Meaning of Sec 239 Examination After Sureties Filing in Sec 498A Case? Please Explain the Complete Procedure of Sec 239 Examination and later court legal proceedings
Section 239 of the Criminal Procedure Code (CrPC) allows a Magistrate to discharge an accused if the charges are deemed groundless after reviewing the police report and relevant documents. The procedure begins with the Magistrate examining the materials presented, including any statements from the accused and prosecution. If the Magistrate finds no basis for presuming that an offense has been committed, they will discharge the accused and record their reasons. If sufficient grounds exist, under Section 240, a charge will be framed, leading to trial proceedings where evidence will be presented.
Sir, section 239 allows the accused in a 498A case to seek discharge by arguing insufficient evidence. If the court finds grounds to proceed, the trial continues and if not, the accused is discharged. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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