• Is applying for discharge a good option?

My case is in filing of charges and plea.My lawyer says to apply for discharge?Is it a speedy process?Can i go with the normal process?I have also for quash.Please suggest.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Mohammed Mujeeb
Advocate, Hyderabad
11738 Answers
4 Consultations

4.5 on 5.0

Yes discharge application is deciding first then trial is proceeded further it quashing is pending then don't file discharge pending quashing petition.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

If you don’t agree with an order the court has made you basically have two options:

you can apply to APPEAL the order – i.e. you think it was wrong; the judge got the facts or the law wrong

you can apply to DISCHARGE the order – i.e. it might have been the right order at that particular time but things are different now.

I will look at appeals against the care order first, then how to apply to discharge a care order.

However, it is difficult to appeal against decisions in the family court. This because there is almost always no one single ‘right’ answer and one judge might disagree with the decision of another judge without being able to say that the first judge ‘got it wrong’.

Ganesh Kadam
Advocate, Pune
8251 Answers
69 Consultations

4.9 on 5.0

Dear Sir,

Depending upon the sections you have to act. But if you move discharge application first then if it is dismissed. Then you have another chance to approach High Court to challenge such order.

If you filing quashing petition after charge sheet then High Court may ask to exhaust the remedy of discharge before the Trial Court.

So first option is better option.

=========================================================

Contents in an Application For Discharge under Section 239 C.R.P.C

The following points must be raised in the Application:

Depending upon the nature of the offence, it has to be asserted That no material particulars of the offence have been specified in the F.I.R and Charge sheet i.e Vagueness in allegations in F.I.R and Charge sheet.That the F.I.R and Charge sheet allegations have not been supported by evidence.That the version of the Prosecution has not been supported by any of the witnesses for the Prosecution Contradictions present in the versions of the Prosecution and Witnesses.That the allegations in the charge sheet are new and different from complaint allegations and these new allegations were not communicated to the accused to defend by the accused by producing supporting evidence.

Conclusion

A question may crop up as to what exactly constitutes a prima-facie case. The Courts have reiterated that there must no be a single shred of evidence against the Accused. However the Courts have also held that in the event a suspicion arises against the Accused, still he would be discharged provided the suspicion is not a grave suspicion.

In the words of the Honble Kerala High Court The law does contemplate a situation, though it must be rare, where an indictment on the basis of a final report may be groundless.

In such circumstances, the court provides the safety valve provision in Section 239/240 C.r.P.C where under premature discharge can be claimed by such indictees.

Kishan Dutt Kalaskar
Advocate, Bangalore
4686 Answers
134 Consultations

5.0 on 5.0

Yes you can file a discharge petition.

Filing the same will be a good option or not can only be told after seeing the content of the cases.

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

Quashing is to be done only in exceptional circumstances

2) filing for discharge is better option

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

Hi, at the stage of framing of charges , the court after hearing the defence and if being satisfied that no offence is found out can discharge the accused ..

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

1. Unless we know what the facts of the case are and what the sections are we cannot say if it is a good or bad option.

2. If you want second opinion then consult a lawyer with a copy of FIR and chargesheet.

Ashish Davessar
Advocate, Jaipur
26710 Answers
797 Consultations

5.0 on 5.0

1. Applying for discharge is good option. But, discuss with your current lawyer on what grounds he suggesting you to go for it.

2. You may get opinion from other advocates too.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Follow the advise of your lawyer.

He is rightly suggesting you to apply for discharge.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Dear Sir,

Yes, your lawyer is correct. It is better to apply for discharge. Not it is not speedy process.

Netravathi Kalaskar
Advocate, Bengaluru
3801 Answers
18 Consultations

5.0 on 5.0

Dear Sir

Unless we have clear picture about the facts of the case it is difficult to judge the things hence we request you to come with details and papers and we can assist you.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.0 on 5.0

Discharge is advisable, as after filling charge sheet, HC reluctant to interfere with trial.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

You can either file a quash petition before high court or file a discharge petition in the trial court.

But not both simultaneously.

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

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