Can application for discharge u/sec.227 given in court be removed?

Question

Can application for discharge u/sec.227 given in court be removed?

02-Jan-2023 (In Criminal Law)

In a criminal case (State v/s) where the charges (u/sec 301,394,411 IPC) have not been framed yet, can a application for discharge u/sec.227 CrPC be given in the court on the next date & ask the court to remove only one section i.e. 411 IPC on the basis of evidence? It's a case against Unknown in FIR and also a circumstantial evidence case and there is no direct evidence on record that anyone has seen the accused going inside or coming outside of the house of murdered, or has seen accused committing the murder crime or in the murdered's company on that day. Any cctv footage or any electronic evidence is also not there. The recovery of 1.5 lacs rupees inr and weapon of assault hammer (without finger prints) is shown to be recovered from his house and a gold necklace & pearl mala are shown to be recovered allegedly from railway station dustbin allegedly after 36 hours of putting it there. In those 36 hours that same dustbin was cleaned 5 times as per 2 RTI replies from India Railways.

Answers (1)

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Recent Questions

Forcibly Defamation case on society member and commitee member

One Sided Call Recording Weightage Assessment

criminal case cc case DETAILED ANSWER REQUIRED

BNS 351, CRIMINAL intimidation

sbi bank wrong transaction refund money 095-7040-3764

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

LawRato LawRato · Accepted Answer · 2018-01-03T20:36:59+05:30

Yes you can file discharge application and ask for the discharge in reply to your queryIn a criminal case (State v/s) where the charges (u/sec 301,394,411 IPC) have not been framed yet, can a application for discharge u/sec.227 CrPC be given in the court on the next date & ask the court to remove only one section i.e. 411 IPC on the basis of evidence? It's a case against Unknown in FIR and also a circumstantial evidence case and there is no direct evidence on record that anyone has seen the accused going inside or coming outside of the house of murdered, or has seen accused committing the murder crime or in the murdered's company on that day. Any cctv footage or any electronic evidence is also not there. The recovery of 1.5 lacs rupees inr and weapon of assault hammer (without finger prints) is shown to be recovered from his house and a gold necklace & pearl mala are shown to be recovered allegedly from railway station dustbin allegedly after 36 hours of putting it there. In those 36 hours that same dustbin was cleaned 5 times as per 2 RTI replies from India Railways.