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Discharge petition after framing of charges


23-Sep-2026 (In Criminal Law)
I have received an important evidence to contradict charge sheet. I have not applied for discharge petition and charges have been framed in last hearing. Next hearing is for fixing schedule of prosecution witness. Can I file discharge petition now? Will judge allow. Can I go to high court for quashing now at this stage? Please reply and help me
Answers (4)

Answer #1
866 votes
Since charges have already been framed, a fresh discharge application before the trial court is generally not maintainable; the proper course is ordinarily to challenge the order framing charge before the Sessions Court/High Court in revision, depending on the case and applicable procedural law. However, you can approach the High Court for quashing under its inherent jurisdiction even after framing of charge, particularly where the newly obtained document is unimpeachable and directly demolishes the prosecution case, though the High Court exercises this power sparingly and normally will not conduct a mini-trial or appreciate disputed defence evidence. Therefore, if the evidence is genuinely strong and documentary, it is advisable to place it before the High Court promptly rather than wait for prosecution evidence.
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Answer #2
541 votes
Yes you can ONLY go for quashing now.. there’s no point in filing for a discharge application sir.. (The rest is to fulfil the requirement of completing 200 words as required by this website and is completely unrelated to your question)
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Advocate Parth S Barot

Adv. Parth S Barot

LawRato Mumbai | 5+ Answers
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Answer #3
518 votes
Since the matter has already proceeded for trial and charges have been framed, the trial court can no longer accept a discharge petition. Your best option at this stage is to approach the Hon’ble High Court and file a petition for quashing the charge sheet and proceedings. The High Court has the inherent power to consider new, outside evidence if it is unimpeachable and completely disproves the prosecution's case. You should act quickly before the next hearing to file this petition and request a stay on the trial court's proceedings.
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Advocate Shekhar Milind Patil

Adv. Shekhar Milind Patil

LawRatoThane | 5+ Answers
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Answer #4
970 votes
No discharge application is filed before framing of charge. HIgh court is the appropriate remedy for discharge. If you elaborate your case I will be able to help you further. Kindly explain what charges are framed against you
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Advocate Madhura Athalye

Adv. Madhura Athalye

LawRatoPune | 5+ Answers
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