discharge petition
Querist :
Anonymous
(Querist) 27 July 2011
This query is : Resolved
is it necessary that an accused should file a discharge petition snd prosecution should file reply to that petition. what is the duration within which the court should decide the discharge petition
THANKACHAN V P
(Expert) 27 July 2011
1.Usually after furnishing the copy of the charge to the accused court will allow time for hearing on charge even without filing petition.
2. As case can go for trial only after framing charge ,the court is supposed to hear on charge immediately after
furnishing copy of the charge.
239. When accused shall be discharged.
If, upon considering the police report and the documents sent with it under section 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.
Querist :
Anonymous
(Querist) 28 July 2011
thank sir, how long it will take to decide the case sir.
