Discharge crpc 300
Yogesh Saxena
(Querist) 22 December 2011
This query is : Resolved
Sir,
i have a question. that i have applied for discharge my client from ipc 307 under section 239 crpc for an fir against him by police but i learn that in crpc 300 it says that another charge can be framed against the person so discharged unless and until it is not a acquittal. it means that if i discharge him from ipc 307 then the court can still frame charge against him under ipc 324. please help me. if it is so it will be a waste of energy..
thanks you sir.
Devajyoti Barman
(Expert) 23 December 2011
Yes at the time hearing of discharge application, the prosecution may apply for addition of charge in which eventuality the court would hear both the parties and decide accordingly.
However once an accused person is discharged, no new charge would be added in the same case but yes a fresh case can always be initiated.
Raj Kumar Makkad
(Expert) 23 December 2011
If the allegation in the FIR qua section 324 are already available then merely discharge under section 307 IPC shall nto exonerate the accused to face the trial but definitely it shall provide a big relief to the accused as the consequences under 307 are quite bigger than 324.
Yogesh Saxena
(Querist) 23 December 2011
sir, thank you both of you,
if the charge is framed under ipc 307 then i go to high court to quash the charge and if the charge is quashed then it means that no additional charge can be framed for the same offense/crime and no new fresh case can be filed for the same crime?
Shonee Kapoor
(Expert) 24 December 2011
Right.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 29 December 2011
No even new charge may be framed but that is very very unlikely.
