Discharge before charge

Querist : Anonymous (Querist) 17 November 2019 This query is : Resolved
Discharge of accused before framing of charge (CrPC 239)
Is this applicable for Summary / Summons cases from private complaints (IPC 504,506)?

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K Rajasekharan (Expert) 17 November 2019
In a summary or summons procedure, if the accused pleads not guilty or pleads for a trial process, the court will have to conduct trial before pronouncing its judgement. In both procedures, there is no specific provision for discharge of an accused or formal charge framing, as it is there in a warrant case.

In a warrant case instituted on a complaint, if the magistrate comes to the conclusion that the complainant (prosecution) has not made a prima facie case he will discharge the accused under Section 245 CrPC.

The Section 509 IPC is a cognizable and bailable offence whereas 504 IPC is a non-cognizable and bailable one.

Pre-charge discharge under Section 239 CrPC is only a safety valve when a case appears to be totally groundless on the face of it.

P. Venu (Expert) 28 November 2019
Summons cases could be tried as warrant cases under the provisions of Section 259 CrPC and in that eventuality, provisions of Section 245 could be availed of in seeking discharge.

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