DISCHARGEPETITION

Querist : Anonymous (Querist) 09 August 2010 This query is : Resolved
CAN TRIAL COURT TRY A DISCHARGE PETITION U/S 229 OF CRPC

Follow Query

Report Abuse

s.subramanian (Expert) 09 August 2010
yes. trial court can entertain and try.

Devajyoti Barman (Expert) 09 August 2010
Definitely the trial court try the discharge petition but the point is section 229 of crpc does not deal with discharge . It speaks of conviction on the ground of pleading guilty. Section 245 of crpc deals with the provision of discharge.

madan kumar tiwary (Expert) 10 August 2010
Section 229 of IPC deal with conviction on plea of guilty. relevent section for filing discharge is 227. chapter XVIII will help you the procedure of trial before session judge. you first file a petition u/s 226 of IPC and ask the prosecution to state about the evidence relying upon which prayer for framing of charge has been made.