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is kakar (Mr.)     27 June 2011

Discharge on grounds..

I have a few questions regarding an application under S. 227 CrPC.

a.) Can a discharge be obtained in a criminal case of kidnapping and extortion which has been going on since 1999?

b.) Once the chargesheet has been filed, on the basis of two consequent and differing police report, can discharge be obtained?

c.) Where one accused has been discharged, is there any case wherein it is laid down the other must be as well?

d.) Can a discharge be obtained on the grounds that the litigation is causing unnecesary and unreasonable inconvinience to the accused?

e.) Where a considerable amount of time has gone by, can discharge be claimed on the basis of no fresh evidence? Or must the case end in either acquital or in conviction as laid down in Prafulla Kr. Judgement?


Please try and give me some SC judgements on the issue? I really am a little lost, except for the basic ingredients for discharge.


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