LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

J Shah   11 January 2022

Discharge application u/s 239

Hi,
I have filed a discharge application at the court whose FIR was registered in the year 2017.

It is still pending for order as on 2022.

The FiR had been filed by my ex girlfriend u/s 506,509 354D and u/s 66 e of It act

Grounds for Discharge-

U/s 66 E of IT act - Forensic Report states that no incriminating objects are found in the mobile device of the accused

U/s 506 and U/s 509 - There are absolutely no evidence to prove that the accused ever visited the house of the complainant. There are no public wittiness. There is only one eye witness that is her brother but his statements are not recorded by the IO

U/s 354D - Stalking - There are no eye witness, no public wittiness, no cctv, no proof at all.

The chargesheet contains few witness but that do not attract the offence alleged off..

The chargesheet contains the screenshot of msgs but that also is not incriminating and also not accompanied by a certification as required u/s 65B of the Indin evidence act.

Can you tell me how much are the chances of getting discharged? It's already been almost 5yrs and charges have not been framed and discharge application order is still pending. The judges keeps on changing which makes me do all of the procedure again....

Please give ur valuable response?


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 January 2022

Discharge application is the remedy provided to the person who has been charged maliciously. If the false allegations have been made against him, he can file an application for discharge. He is entitled to acquittal if the evidence provided to the court is not sufficient to prove the offence.

Aryan Raj   11 January 2022

In response to your query,

Under the Criminal Procedure Code, 1973, the Discharge Application is the remedy that is granted to the person who has been maliciously charged. If the evidence given before the Court is not sufficient to satisfy the offence and in the absence of any prima facie case against him, he is entitled to be discharged.

Based on the facts that you have provided I think there are high chances that you will be discharged by the Judge, considering that there are no solid evidence available against you under any provisions in the case. I suggest you to provide further evidence from your side to prove why the girl may try to frame you for such offences, like what can be the motive behind the malicious allegations against you that will be more helpful to the court in giving a decision without any further delay.

Regards,

Aryan Raj

Parasar   15 April 2022

what is the relief that you are seeking here

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query