in 239 Crpc who are the respondents?

The prosecution representing the particular state would be the respondent in which the de facto coamplainant will also have a chance to oppose the petition.

FIRST U HAVE TO PUT STATE OF AP, P.S  XXXXXX,  THROUGH PP , SECOND THE COMPLAINT WHO GAVE U/S 498A, 

CONCERN COURT CANNOT BE A PARTY. 

It is always the prosecution or the complainant who will be the respondent if the accused filed an application to discharge him from the case on the basis of record before the court.

Your name or person(s) name seeking discharge ................................Appllicant

V/s

1.The State of xxxxx
2. Mrs. xxxxx
3. SP or DCP who allowed the process for FIR under case summery of SHO
4. SHO / IO who made the FIR and submitted the chargesheet         .................. Respondents

Hi, I have filed discharge petition U/s 239 CrPC and made respondent only the State represented by the SHO of the PS. I did not made the complainant as respondent, will it make any problem. As per definition of CrPC-239, only argument should be heard by the court from the PP and from accused to decide whether accused should be discharge from case or not.

Hi All,

 

Could you please share a simple 239 Crpc application?

 

Thanks,

Masthan

pls find the attached format

In tamil nadu, only state will be mentioned as respondent in discharge application, if charge sheet is filed by police. If the case is initiated by private complaint, then complainant party will be mentioned as respondent.