Where can crpc227 be filed for discharge

1. Discharge in S. 239 happens mostly based on complaint and allegations.

2. Discharge in S. 227 happens mostly based on materials placed for 'just' considerations.

3. Don’t file discharge just because some one else is filing or just because your lawyer has suggested or you read about it in Internet.

4. Study and understand the implication of filing discharge as it may be good or may not be good in a particular case.

5. Even if discharge application is dismissed you can challenge it in HC under S. 397 (as Criminal Revision Petition)

6. There is a misconception that only brother’s / sister’s name or father’s / mother’s name can be discharged and other’s name cannot be discharged.

7. Remember in S. 239 discharge happens purely based on allegations and in S. 227 discharge happens purely on material so even A1 can be discharged if above conditions are not satisfied.

8. Grounds for acquittal and discharge are different. E.g. Delay In FIR is a ground for acquittal but not for discharge.

9. Discharge in simple terms is nothing but relief at an early stage without the harassment of going through the lengthy trial.

10. S. 227. Discharge.

If, upon consideration of the record of the case and the documents submitted herewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

11. S. 239. When accused shall be discharged.

If, upon considering the police report and the documents sent with it under S. 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Now see where your strategy fits best. This is your call for that we cannot come into picture.