Discharge petition

Law Gurus!!

Try to understand what is mean by discharge. Read section 239 of CrPC.

If you can explain the court that the documents submitted by the police do not say any crime occurence then you can file discharge U/s 239 of CrPC. But you can not submit any docuement before the court.

If court has not taken cognizance then move application for further investigation U/s 173(8) of CrPC to collect further docuement and submit additional report in court by police. Then submit your arguments....

Else make sure that the documents in support of you are collected by police (by moving application before senior police officer) and are submitted before the court through additional report prior to filing the discharge application U/s 239 of CrPC.

Accused is not entitled to submit any documents and even if submitted any docuemnts can not be considered by the court because those are not approved documents by the police or court at that point of time.

After the recent supreme court judgement on section 498A you can go for the discharge as detailed by Mr Munirathnam.