Hi,
I have filed a discharge application at the court whose FIR was registered in the year 2017.
It is still pending for order as on 2022.
The FiR had been filed by my ex girlfriend u/s 506,509 354D and u/s 66 e of It act
Grounds for Discharge-
U/s 66 E of IT act - Forensic Report states that no incriminating objects are found in the mobile device of the accused
U/s 506 and U/s 509 - There are absolutely no evidence to prove that the accused ever visited the house of the complainant. There are no public wittiness. There is only one eye witness that is her brother but his statements are not recorded by the IO
U/s 354D - Stalking - There are no eye witness, no public wittiness, no cctv, no proof at all.
The chargesheet contains few witness but that do not attract the offence alleged off..
The chargesheet contains the screenshot of msgs but that also is not incriminating and also not accompanied by a certification as required u/s 65B of the Indin evidence act.
Can you tell me how much are the chances of getting discharged? It's already been almost 5yrs and charges have not been framed and discharge application order is still pending. The judges keeps on changing which makes me do all of the procedure again....
Please give ur valuable response?
Discharge application is the remedy provided to the person who has been charged maliciously. If the false allegations have been made against him, he can file an application for discharge. He is entitled to acquittal if the evidence provided to the court is not sufficient to prove the offence.
