Discharge application u/s 239 crpc.........
11-Jan-2023 (In Criminal Law)
Hi, I have filed a discharge application at the court whose FIR was registered in the year 2017. It is still pending for order as on 2022. The FiR had been filed by my ex girlfriend u/s 506,509 354D and u/s 66 e of It act Grounds for Discharge- U/s 66 E of IT act - Forensic Report states that no incriminating objects are found in the mobile device of the accused U/s 506 and U/s 509 - There are absolutely no evidence to prove that the accused ever visited the house of the complainant. There are no public wittiness. There is only one eye witness that is her brother but his statements are not recorded by the IO U/s 354D - Stalking - There are no eye witness, no public wittiness, no cctv, no proof at all. The chargesheet contains few witness but that do not attract the offence alleged off.. The chargesheet contains the screenshot of msgs but that also is not incriminating and also not accompanied by a certification as required u/s 65B of the Indin evidence act. Success rate???
239 can be successful if and only if your charge sheet doesn't have a single incriminating material. rest of the papers need to be seen before giving an opinion. as far as 65B certificate is concerned, as per supreme Court judgments, it may be given at any time before conclusion of trial. so it is not very clear if your charge sheet has any incriminating material on record or not
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