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Toki Chophy   25 January 2022

239 crpc discharge

any good recommendations on case laws regarding discharge of an accused under 239 crpc
thank you


 1 Replies

Aryan Raj   28 January 2022

Dear Queriest,

Section 239 of CRPC- the Magistrate considers the charge against the accused to be groundless after considering the police report and the documents sent with it under section 173, and after making such examination, if any, of the accused as the Magistrate deems necessary, and after giving the prosecution and the accused an opportunity to be heard, he shall discharge the accused and record his reasons for doing so.

Arunkumar vs State Of Kerala on 16 January, 2004 is good case for reference and Sri Umesh Kumar Ips vs The State Of Andhra Pradesh Rep. 11 April, 2012.

Regards,

Aryan Raj 

 

 

 


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