1) your understanding is correct 

2) you can refer to Pw statements 

3) Dv is separate case al together . you can during cross examination of complainant during trial confront your wife with the discrpancies 

4) no writtewn statement is required to be filed in criminal cases 

5) you can cross examine the complainant 

6) there is no time limit 

7) all are not cross examined on same day 

8) other witness cannot remain present 

9) you can remain present 

10) dont upload order on social media 

11) during 313 cr pc be brief and to the point 

1.  The discharge petition should contain the reasons due to which you are seeking discharge based on the charges framed and the allegations leveled in her  complaint and the investigation report.

2. The prosecution witness statements under section 161 cr.p.c. are not final and  they can be  contradicted  and nullified in the trial proceedings hence these are unreliable at this stage.

You may concentrate on the reasons and your grounds alone seeking discharge.

3. The DV case is different to the criminal complaint agaisnt you for which you are filing discharge petition, so better confine to this case alone and do  not jeopardize  the matter by including unreliable contents or subject to this matter.

4. No, in the criminal cases prosecuted by the state, the accused is not required to give any written statement or counter.

You will be asked that whether you have any evidence to prove that you are innocent at the time of questioning under section 313 cr.p.c., you can inform court that you have evidence and would wish to step into witness box to depose evidence as defence witness, and not now.

5. Your understanding is right.

6. No, but it should not be inordinately delayed.

7. If necessary, and if time permits your advocate can cross examine all witnesses who have been examined in chief on the same day. 

8. The witnesses who are yet to be examined can be instructed to stay out of the court hall, the court will do it on the request of your advocate.

9. Yes,  in the criminal  cases the accused are required to be present during the entire proceedings on all the court hearing dates whether there is trial going on or not.

10. You are required to answer yes or no to the questions shot at you at the time of questioning under section 313 cr.p.c.

The court will not entertain your versions or expressions at that time, you will be provided time for defence witness during which you can produce your side evidence and express your feelings as well as facts of the case.

11. The distribution of the order especially publishing it in the social media may not be a wise act, better refrain from doing so to avoid unnecessary legal complications. 

Respected sir...

1.    While filing the petition for discharge in that case court have to consider all the evidence that is provided by the police in the police final report that is challan under section 173 and court have to consider that all as per the latest judgement of honorable High Court and Supreme Court
2.  Yes you can mention all the statements that is provided by the police and recorded as per section 161 of CRPC
3.  Yes you can mention all that application of  DV case but it is all up to the court whether court will consider that or not but put certified copy that will help u
4. You have to give all that in 313 CRPC 
5. Yes you  are right all the case is depending on the cross examination 
6. No time limit
7. No that will take approximately 1 to 2 year
8. They will be out of court only one will be examined once
9. Yes you are .
10. You can say everything after discussion with your advocate. 
11. Just wait for the time period appeal ...that is my personal request and will help you. 

Thank you 

1. Yes

2. Yes

3. No

4. In dv yes

5. Yes

6. No

7. No

8. No

9  yes

10. Yes but it's better to be shut and deny

11. Yes

Burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

2) your lawyer can cross examine the complainant and witnesses to prove that false and bogus case has been filed against you 

3) you would be acquitted if prosecution is unable to prove its case 

4) your statement should reiterate your innocence and state your case in brief 

You need to go for quashing before high court and get it quashed. 

No 313 is not an evidentiary stage. 

The court only would pass the judgment in the case before it. The court will not pass the judgment as requested by the party.

First of all you should challenge the case properly in the trial proceedings and get the allegations nullified as false through cross examination.

After that if the court is satisfied that there is no prima facie evidence to prove the charges the court may acquit you.

If you are being acquitted then you will get the relief of being relieved from the case, but the court may not mention that the words like false and malicious intentions etc., in its judgment until and unless the defense side argument has established the malafide intentions by the defacto complainant, even then the blame may squarely fall on the police who prosecutes this case and not on the defacto complainant.

Therefore you may discuss with your advocate and ask him to progress the case in the manner you would desire  it to be concluded. 

Dear client, 

1. Correct.

2. You are not required to delve deeply into them but you can refer to them while making your discharge petition.

3. Yes, you can mention this in your discharge petition. 

4. Your written statement may be used as evidence but you are also supposed to give it to the complainant as well.

5. All evidence must be disclosed and cannot used as a surprise element during trial.

6. Currently, there is no time limit imposed on the same. 

7. Yes.

8. Yes, they may be allowed to witness the proceedings. 

9. Yes. 

10. You will have the right to be heard in court but please consult with your lawyer in order to decide whether or not you should do so. 

11. Yes, you are allowed to circulate it as long as it is done in a fair and transparent manner.

You can file an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife. Gather as much evidence as you can. 

Thank you.