suresh dhokai 01 December 2019

Accused file discharge application during trail

one accused charged in gang rap 376 (A) but victim has replied in court that she is not knowing accused and in judicial identification police has sing on blank form for that ground accused get exception to present during trail from HC now he wants to file a discharge application for court order to discharge him from charge framed by session court. What he can do it and on which CRPC and how.

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Anila Sabu 07 February 2022

Dear Querist,

The High court has the inherent powers to overthrow/overrule the proceedings of lower courts and so if the accused has gone to the High Court with the aim of wanting the High Court to quash the proceedings of the supreme court, then he can file a case, to do so, with reference to section 482 of the Criminal Procedure Code (CrPC).

Regards,

Anila K. Sabu