My friend had been made accused u/s 408, 420 IPC through a complaint case. He filed a application for quashing at allahabad high court and got a decision to file discharge application u/s 245 (2) in the same court. He filed discharge application and arguement has to be done. What are the chances (specially in UP) that this discharge application will be accepted and he will be discharged? Is there any rule or law which described that discharge application must be accepted if the set rules are applicable?
At the outset it depends on facts of case . Every case has different facts in your case whether charge has been framed or not has to be considered. Thereafter facts on record matter .Facts on record and evidence produce by prosecution to support their case. All this has to be weigh down than only one shall come at some conclusion. Considering all this grounds and merits of case discharge applications are passed.
this is not the accutal remedy from the high court regarding your case 245(2)is settled law ,you can move it at any stage !but on that grounds the court summon to accused how that court will discharge ?
with any other evidences!
Complaint has been made by taking an evidence u/s 200 & 202 and summon has been issued accordingly. Stage of 244 has not come as o list of witness and any evidence produced till date. Application to the high court has bee moved before bail. In my case, the complainant is the company ad on behalf of company has introduced one person as its manager however, no board resolution has been submitted and also at the time of filing this application, the said person was engaged with some other company on its payroll (we have his provident pass book copy as an evidence). will this evidence be enough to prove the complaint filed with malafied intention?