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Pankaj Chaudhary   07 April 2022

Discharge Petition

When can go for Discharge Petition and on what grounds the Discharge petition can't be filed


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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 April 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.


Pankaj Chaudhary   08 April 2022

Thanks and appreciate your response. What happens if Police didn't submitted the evidence in court still we can file the Discharge petition and how much time it takes for filing and getting a judgement on Discharge Petition

P. Venu (Advocate)     09 April 2022

What are the facts? What is the context?

Shubham Bhardwaj (Advocate)     09 April 2022

Dear Mr Chaudhary, 

Discharge Application is maintainable only after the Police has filed charge sheet. Discharge Application is filed on the groud that evidence is not sufficient to proceed or prima facie case is not made out for framing the charge. The evidence is laid before the court with the challan/police investigation report. 

In your case, if the police has not yet filed the challan then wait untill challan is filed. Once it is filed, your advocate will go through the challan and documents annexed with it. And after that you may either file quashing before HC or discharge before the court concerned. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance.

Palak batra   09 April 2022

Dear Querist,

 

When a person has been falsely accused then a discharge application can be filed and is thus entitled to acquittal if the evidence found against him are not enough in the court to prove him guilty. It can also be filed when there are no such grounds to move forward during the proceedings. 

 

While filing the application few things should be considered- 

  1. The report submitted by the Police should not contain effective facts and evidence.

  2. The material facts of the case are difficult to determine. 

  3. The accusations upon him are unsubstantiated and vague. 

  4. The prosecution has not provided any witnesses. 

 

Under sec.239 the court can discharge an individual under discharge application. Also, under sec.245(1) the court is bound to discharge the person. 

 

In the case of Amit Sibal v. Arvind Kejriwal, the court held that an accused in a summon case can ask for a revision under section 397 of Crpc.

 

Regards,

Palak



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