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discharge

Querist : Anonymous (Querist) 09 August 2010 This query is : Resolved 
sir, i was told by one of the lawyers that trial court has no power to entertian a discharge petition how far it i true is there an y judgement of apex court that the trial court can entertain the discharge petitions filed before it.
Querist : Anonymous (Querist) 09 August 2010
judgements of apex court aver much urgetn tht he tril court can entertain tyhe discharge petitions
s.subramanian (Expert) 09 August 2010
under sec.245 cr.p.c. trial court has powers to discharge. when section itself is clear why do you need a citation.
B K Raghavendra Rao (Expert) 09 August 2010
Trial court has powers to discharge accused if he is found prima facie not guilty of the offence alleged.
vijayan (Expert) 09 August 2010
Only a trial court is competant to discharge an accused U/S 239 of Cr.P.C , if the charge levelled is groundless. you need to convince the trial court before framing charge and a particular petition is not necessary for the purpose.
M Ravinder Babu Advocate Parka (Expert) 10 August 2010
Now i ask narrate the difference between 245 crpc and 239 crpc to coach the quaree
Arvind Singh Chauhan (Expert) 10 August 2010
i agree with Mr.Vijayan
madan kumar tiwary (Expert) 10 August 2010
section 239 deal with cases registered with police and 245 with complaint case filed in court.


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