discharge

Querist : Anonymous (Querist) 09 August 2010 This query is : Resolved
does the trial court the power to discharge under section 239 crpc whether there are any judgements from the apex court or any high court apart from high court of a.p

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vijayan (Expert) 09 August 2010
only a trial court has power to discharge under section 239 crpc and since the section itself is self explanatorty , a citation judgment is not at all necessary.

madan kumar tiwary (Expert) 10 August 2010
certainly if magistrate is convince that the charge against accused is groundless, he can discharge.

Sri Vijayan.A (Expert) 05 December 2010
Yes, trial court only can entertain and power to discharge

Advocate. Arunagiri (Expert) 05 December 2010
The accused can file a petition for discharge before the trial court u/s.239, before the framing of charges. After the framing of charges in a police complaint, accused cannot be discharged. But, the CC can be quashed by the HC u/s 482.