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Does defendant have pre-cognizance options
10-Dec-2024 (In Criminal Law)
in private complaint case, defendant's s 482 application to quash complaint will fail in high court. Court will say go to trial court and file discharge petition. If defendant files discharge petition, magistrate say defendant has no evidence. Pre-cognizance stage, defendant cannot file 156(3) for police investigation. So how defendant get early dismissal to avoid lengthy trial?
The Accused/ Respondent can file a discharge application before the trial court at the stage of framing of charge or may argue on the point of charge that why and how no charge is made out. For detailed discussion i will have to look at the FIR and the chargesheet. Please connect for a detailed discussion
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Adv. Bhawani Gupta
Delhi | 50+ Answers
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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