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Case currently pending wants to file for discharge petition


04-Apr-2023 (In Criminal Law)
Sir,my case is presently posted for trail,at this stage can i file for discharge petition
Answers (3)

Answer #1
785 votes
Hi
Assuming yours is a warrant case(i.e if instituted on police complaint), you can file the discharge petition u/s Section 239, Crpc
The accused shall be discharged. -
(1) If, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Answer #2
794 votes
Yes you can file after filing 173 crpc charge sheet.. But it is only for warrant cases..It would not apply to Domestic violence cases.. JFCM consider your discharge petition under sections 239 of crpc..If JFCM dismisses your petition you can file for revision only..
Answer #3
516 votes
it will be based upon the evidence shown in charge sheet and upon charges framed usually it would be done at the time of framing of charges and you can give a try for discharge if the charges framed are ineffective

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