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MASTHAN (Self employeed)     28 May 2010

in 239 Crpc who are the respondents?

Hi All,


If a person wants to file a petition for discharge u/239 Crpc or 245 Cr.Pc then who are respondents ?

1) The person who was given complaint ?

2) The polices who filed charge sheet ?

3) The court who is handling the case ?

Thanks,
Masthan


Learning

 8 Replies

Devajyoti Barman (Advocate)     28 May 2010

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.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     29 May 2010

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. 

Davinder Khurana Ferozpur(Punj (advocate)     29 May 2010

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.


(Guest)

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

Munirathnam (Scientist)     03 June 2010

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.

MASTHAN (Self employeed)     09 December 2010

Hi All,

 

Could you please share a simple 239 Crpc application?

 

Thanks,

Masthan

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     09 December 2010

pls find the attached format


Attached File : 28 28 239 245.doc downloaded: 172 times

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     10 December 2010

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.


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