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Harish Kumar (Owner)     11 September 2013

Discharge application u/s 245 (2)

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?

Please advise.


Harish Bajaj


 5 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     11 September 2013

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.




Sarvesh Kumar Sharma Advocate (Advocacy)     11 September 2013

Is that application moves before bail or after?

discharge is a right but if there is sufficient evidence then quit impossible accept the discharge application at this stage!

before bail court will not accept it!

you can move again high court after the disposal the application!

Sarvesh Kumar Sharma Advocate (Advocacy)     11 September 2013

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!

Harish Kumar (Owner)     11 September 2013


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?




LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases.     08 May 2014

You have done good work.


It has to be supported by proper legal action.


Since it is a private complaint and hence 245 ( 2) is applicable. If you present the facts properly the application can be allowed.

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