LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sandeep Naik (Advocate)     18 November 2011

Can discharge application is filed once the charge is framed

The accused came across with the evdience after the charged is framed against him.The JMFC rejected the application (u/s239 of cr. Pc. ) on the ground that once the charge is framed the discharge application cannot be filed.I filed Cri. Rev.( U/S 397 of Cr.P.C ) the same order was passed by the Hon'ble Session Court . I have filed in High Court u/s482 for quashing . How much is the chance of success ?


 16 Replies

SRIBHASHYAM MURALIDHAR (Advocate)     18 November 2011

You cannot file discharge petition after framing of charges,  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

You should have filed a WRIT PETITION, evidence is not taken in quash petition u/s 482.





Shonee Kapoor

Sandeep Naik (Advocate)     19 November 2011

Is not a mockery of the law that once the charge framed the discharge application cannot be filed? As i have already mentioned it is possible that strong evidence if found later part of the proceeding and it is vital then shoul the accuse wiattill long trial for years together 

In the present case, the managing committee of the society is dismissed for want of M-20 bond and accordingly the the decisions taken by it are to be treated as void ab initio . undedr such circumstances, if the case is filed by the society on behalf of the committee is not tenable as it had no rights to file the case against the accused. However, the dismissal order came after the charge is framed . Is it necessary that till the matter is heard by the trial court and the accused should wait for the acquittal ? Cant he file discharge application ? Is there any citation ? Pl guide .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

The remedy is there in WRIT, every process is for diffirent purpose, now if someone says tomorrow, during bail why is punishment not given, it would be absurd. Regards, Shonee Kapoor
1 Like

POOVENTHERA RAJAN (Taxation Advocate)     01 December 2011

how a charge sheet can be challenges under Article 226of Constitution of India

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 December 2011

By showing it manifestedly malafide.


Find and read Ram Lal Yadav Vs State of UP for better understanding.





Shonee Kapoor

2 Like

Seetharamreddy Kancharla (Student)     03 April 2012

After finishing the witnesses in the case,there is no prima facie and there are no grounds against the accused  then the accused  can file a discharge petetion U/S 239, 245, 227 CRPC.

Sandeep Naik (Advocate)     05 April 2012


Shonee Kapoor

Thanks  sir

just tell me the difference between Quashing and Discharge .

(Though I am an advocate I am still student of Law and would like to add knowledge )

Seetharamreddy Kancharla (Student)     05 April 2012

Quash is going to done by the high court U/S 482 CrPC but the disscharge petetion is going to file where the trail is continuing.

Siv (engineer)     06 April 2012

Hi All,


Before framing the charge the discharge petition U/s 239 is valid.


After framing the charge the accused can file application to aquittal based on the evidence materila that the accused relies on .... but better to complete the trail and then pray for aqquittal ....


In quash petition the High Court may not appreciate the entire evidence material that supports the accused .... even in writ petition the question of fact (disputed matters) will not be considered ....


In writ petition only  for question of law.... if magistrate or police has done error in handling the criminal case then Writ Petition works fine ....being here question of law is to be decided.


Better to preer to file Writ Petition than Quash under section 482 of CrPC.....

vishal kapur (Criminal Lawyer)     07 April 2012


Shonee Kapoor

The judgment you are refering talks about  "Power of Police to Investigate crime - Cannot be interfered with under S.482 - High Court has no inherent power to interfere with arrest of a person even if it is mala fide during investigation."

Answer to the question is there is no future of such applications and in 482 there is very limited scope for the high court to interfare with the order already passed.



Lci member has given answer above. no need further.

Pravin (Manager)     02 August 2013


My query is, Can Magistrate proceed with framing of charges once he rejected the Application for Discharge U/s 239 and the Applicant has preferred Cri. Rev. before Sessions court or further Revision with high Court?

Or Magistrate has to wait till the outcome of Appeals made with higher courts?

Also how long it may take for Cri. Rev. and Review in case of matter is U/s 408, 420 IPC?

Thanks in Anticipation of your Answers





Momin Awais (Advocate)     10 May 2014

babu rao hari pawar vs state of maharashtra decided in 1986 by bombay high court and pepsi foods limited vs special judicial magistrate decided in 1997 by supreme court on discharge

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register