• Private u/s 323 504 and 506

A private case is file against me in MM court where as my FIR is registered and chargesheet file by police....... Can I file discharge or drop application? If yes then under which sections and is there is judgement in this regards.
Asked 4 years ago in Criminal Law
Religion: Hindu

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12 Answers

Discharge application can be filed after filing final report or chargesheet the accused can file an application for discharge it is granted on basis or report submitted by police.

Section 239, Crpc when accused shall be discharged. - (1) If, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

If discharge is not allowed you can prefer a quashing petition in high court the high court can stay investigation and proceeding and quash FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, the magistrate can drop the charges at the time of hearing when the charges are framed after filing of chargesheet...If the court is satisfied that no offence is made out in the investigation report, it can discharge the accused

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Now, there would be a stage of framing of charges where itself you can be discharged by the court if pleases well by a lawyer after scrutinising the FIR and Charge sheet.

There are judgments also in regard to the same, but depends upon the argumentative skills of an advocate.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear,

Yes you can file the discharge application u/s. 239 crpc.

According this, if Magistrate considers the charge against the accused to be

groundless, he shall discharge the accused.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

If chargesheet is submitted to court by the policemen, then the court will take cognizance of the charges and will hold the accused to the plea - the stage is called - Plea of Accused.

Accused may plead guilty or not guilty in which case trial will officially commence.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1)Section 239, Crpc when accused shall be discharged. - (1) If, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Only because of you have filed the first case or two cross cases is pending between the two rival parties, it is no ground to dismiss the private complaint case.

2. if there is a merit in the private complaint case then only you can apply for discharge but not on the ground of case filed by you first.

3 There is no question of dropping this case at all.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sec 227 Crpc.

Judgement can be suggest on perusal of FIR and charge sheet.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear client:

1. First one needs to know the facts of the case;

2. What is written in the FIR and the chargesheet has to be read thoroughly;

3. You can file a discharge application in the lower court;

4. You can also file a quashing of chargesheet in the High Court if there is no case against you;

5. You can also settle the matter, but again depends upon the facts of the case.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If it is a cognizable offence and a warrant case then an application under section 239 cr.p.c. may be filed for discharge.

SC 359 @005) I SC 568 in State of Orrisa vs. debndranath padhi

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hi,

The discharge application is filed in the same court where case is pending.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You can file a application under section 239 crpc.for discharge. There are many judgements but it will be case to case basis.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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