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magistrates court application filling procedure


03-Jul-2023 (In Criminal Law)
can we file acquittal application to the magistered court . Section 232, CrPC which provides that, "If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal".
Answers (3)

Answer #1
688 votes
you have to file a discharge application and not accquital since after filing discharge application you can proceed on the basis of the evidence and witnesses on record and to prove that prima facie no complaint is made out against you or either you directly go to high court for quashing of FIR
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Advocate Brahmanand Dube

Adv. Brahmanand Dube

LawRato Navi Mumbai | 400+ Answers
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Answer #2
675 votes
acquittal application might not be possible but ya you can file and application seeking discharge from charges. you can file a discharge application showing no case is made out against you. it depends upon circumstances what sections are imposed upon you and what was your role in the matter file against you.
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Advocate Narendra Sharma

Adv. Narendra Sharma

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Answer #3
942 votes
Order of Acquittal can be passed by the Judge under Sec 203 of CRPC, not under Sec 232 of the CRPC. Kindly keep that in mind. Yes, you can file for an Acquittal Application under Sec 203 of CRPC. Even, if you won't file, Judge shall should moto will acquit the accused under Sec 203 of CRPC.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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