Discharge u/s 239 Cr P.C.

Querist : Anonymous (Querist) 15 December 2010 This query is : Resolved
In case, charge sheet submitted u/s 420/467/468/471, whether accused can apply through his advocate for discharge u/s 239 without obtaining bail. Whether magistrate has power to hear such application . What favourable or adverse order can be passed by the court.

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Khaleel Ahmed Mohammed (Expert) 15 December 2010
where as the charge sheet has been filed ,you can not file discharge petition u/s 239 .

Raj Kumar Makkad (Expert) 15 December 2010
Instead of discharge applicable such accused should file revision petition before the Court of Sessions Judge as the same is not maintainable at this stage.

WHATSAPP 91-8075113965 (Expert) 15 December 2010
ACCUSED CANNOT ARGUE FOR DISCHARGE WITHOUT MOVING FOR BAIL.
BECOZ , ACCUSED HAS TO TAKE BAIL FIRST AND THEN ARGUE FOR DISCHARGE , BEFORE FRAMING CHARGE. THIS IS THE USUAL ORDER OF CRIMINAL PROCEDURE.

SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929

Guest (Expert) 15 December 2010
(1) You can file a Discharge Petition u/s.239 Cr.P.C. before framing of charges and questioning (the accused).
(2) Discharge Petition can be filed by you since the Charge Sheet is laid.
(3) Discharge Petition can only be filed in the Magistrate's Court u/s.239 Cr.P.C. and if it is dismissed by the magistrate, then it can be challenged by way of Revision petition u/ss.397 & 401 Cr.P.C.
(4) Bail is only for liberating a person from incarceration. He may even languish in prison and fight out his case by filing a Discharge Petition based upon the merits of the Charge Sheet. Bail will in no way stand in the way of filing a Discharge Petition.

s.subramanian (Expert) 16 December 2010
Mr.kumar salil is right.

PALNITKAR V.V. (Expert) 16 December 2010
In fact filing of discharge application has nothing to do with bail. There is no law that you should first give bail and then only you can file discharge application. But as a practise, almost all the courts insist for bail before entertaining application for discharge.