I have a 498a and 3,4 DP case running. My wife falsely included my father, mother, sister and brother in law along with me in the case. Currently the case has crossed the stage of summons and next appearance for examination is due in August 2019. My lawyer is now suggesting me to go for discharge petition to remove the names of my family members my father, mother, sister and brother in law. He keeps on saying the discharge petition is an expensive process and he is suggesting that we should approach a senior criminal lawyer to deal with this. My question is generally how much does a lawyer charge on an average for handling discharge petition and moreover what are the chances for a discharge petition to be successful in removing the names of my family members from the case ?
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Sir the charges vary from lawyer to lawyer and there are no fixed charges and neither there is a guarantee that a case will be decided in your favour.
the fee of a designated senior lawyer might vary from 2-3 lakhs. It may even be more or less. Nothing is certain.
Regards
Legal fees vary depending upon the lawyer engaged by you
2) discharge petition can be filed by your parents if there is no evidence on record against them
See the fee is as per the experience of the lawyer so the concerned lawyer as per his experience in such case can quote you fee further if there is no specific allegation or evidence against them in the Chargesheet there is chance that they will be discharged.
Every lawyer had his own standing in bar and his fees varies. Discharge application can go up to 50000/-
Discharge application is the remedy provided to the person who has been charged maliciously. If the false allegations have been made against you and against your family, you can file an application for discharge.
It will completely depend on the merits of the case and the judge it is before.
If your case has good merits and if the judge is convinced that your family actually is not the culprit, the fee would not be much. But if you need a face value of the lawyer and think that a Senior can get you relief, then the Senior will charge you separate fee for argument.
If it’s a simple discharge petition, it can range anything from 10,000 to 25,000 for drafting but if it involves detailing and you also desire to get it vetted from a senior, then the charges would be higher.
Respected sir...
Few of an case or petition varies from and advocate to advocate as there is no fix criteria for fee simply in Delhi or Haryana a good criminal lawyer charges 66 k for discharge petition... But yes it will help you a lot and name of the rest of family members will be exonerated from the pending litigation... I will advise you to go ahead for discharge petition...
Thank you
Discharge is another casual application files in same trail court. Drafting of application is important based of investigation and evidences collected by police. And supported by case laws. This any intelligent advocate can do, and beyond capacity of normal lawyers.
Senor advocates charges more for a case. As their face value creates impression.
Filing Discharge petition is part of the case, it is not a separate case.
One has to carefully draft the petition giving convincing reasons in the petition averments.
The lawyer handling the case can himself file the discharge petition, if your lawyer is not capable of filing this petition then it is obvious he may not fight your criminal case also properly, hence you may have to face problems due to your lawyer also.
Instead of filing discharge petition you may file a quash petition before high court to quash the cases against your parents.
Dear
The discharge petition can be filed in High court and high court lawyers charge between 55k to 1.5 L for a case.
The chances for getting discharged depends on the merits of case.
