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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
Once charges are framed, a discharge application is no longer maintainable, because the trial court cannot recall its own charge (Ratilal Bhanji Mithani v. State of Maharashtra). Even at the discharge stage, the court cannot consider the accused's own evidence (State of Orissa v. Debendra Nath Padhi). Your remedy now is the High Court. You can file a criminal revision against the order framing charge under Section 438 BNSS (old Section 397 CrPC), which must be filed within 90 days of that order. Or you can file a quashing petition under Section 528 BNSS (old Section 482 CrPC), which can be filed at any stage. The High Court will consider your new evidence only if it is of sterling, unimpeachable quality, such as a public document or official record that completely falsifies the prosecution case (Rajiv Thapar v. Madan Lal Kapoor). If the High Court does not accept it, the same evidence can still be used strongly in cross-examining prosecution witnesses and in your defence evidence during trial. Please connect with me regarding the charge sheet and the evidence so I can advise which route is best for your case.
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Adv. Bhumika Vijay Bajaj
Adv. Bhumika Vijay Bajaj
Navi Mumbai | 50+ Answers
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You can go to the high court for quashing , its a better way out . Will be heard by a division bench , also request your lower court to add a piece of evidence to the chargesheet as supplementary. You can also ask the court , if they think its a useful instrument, they can add it . Did u report it to the police ? If no , report that . But HC is a better option
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Adv. Arbaaz Pathan
Adv. Arbaaz Pathan
Mumbai | 5+ Answers
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Yes you can definitely go for quashing but your option for discharge has passed away now after the framing of charges.. both bnss and crpc do not allow for discharge to be filed post framing of charges..
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Adv. Parth S Barot
Adv. Parth S Barot
Mumbai | 5+ Answers
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discharge petition cannot be allowed as per law, after charges are framed. You can approach High Court by filing quashing petition under 482 of CrPC. However, I will have to see the new evidence and the Chargesheet in your case to guide you in a better way.
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Adv. Shreyas Jain
Adv. Shreyas Jain
Mumbai | 100+ Answers
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Once charges are framed by the court, a discharge application cannot be entertained at this stage by the trial court as it has no power to review its own order. However, you can approach the High Court by filing a petition under Section 482 of CrPC (Section 528 BNSS) for quashing the charge sheet / proceedings, or a Criminal Revision challenging the order framing charges. The High Court may consider your evidence if it is of sterling and unimpeachable quality (as per Rajiv Thapar judgment). Otherwise, you can effectively use this evidence during the cross examination of prosecution witnesses and lead it as defense evidence under Section 233
of CrPC.
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Adv. Prashant Chandrakant Nikalje
Adv. Prashant Chandrakant Nikalje
VasaiVirar | 5+ Answers
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