V23- Discharge Application in Criminal Case | When & How to file | Prashant Kanha AOR

Section 227 in The Code Of Criminal Procedure, 1973
227. Discharge. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
Defence Of Accused Cannot Be Looked Into While Considering His Discharge Petition
Discharge‟ application is the remedy provided to a person who has been charged maliciously. If the false allegations have been made against him, he can file an application for discharge. He is entitled to discharge, if the evidence provided to the Court is not sufficient to prove the offence.
While filing an application for discharge, the accused has to consider the following points:
1. That the report submitted by the Police does not contain effective facts and evidence.
2. That the material facts of the case cannot be determined.
3. That the accusations upon him are unsubstantiated and vague.
4. That the prosecution has not provided with any witnesses.
After examining these facts and evidence, if the magistrate thinks that these grounds are sufficient to discharge the accused, the application for discharge is accepted.
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[@umashankar-f8n]

Thank you

[@siddeshwarprasadkabbur5010]

What is the remedy to discharge order? Whether to file revision or appeal or 482 petition to quash discharge order?

[@sandipkashid5177]

I would like to go for discharge Application. What are the ways to contact you

[@MrS.G.-1995]

What is the format of the discharge application ?

[@agrarights]

Sir do we have to first take bail for discharge application

[@jaingaurav87]

Respected Sir, thank you very much for the kind information, I want to ask you one thing, if in a criminal case , a accused is shown as Victim in charge sheet several times at various pages in the charge sheet and also he/she is not having any role in the criminal activity, rather the accused is falsely implicated by the police in the false case, can that accused get discharged from the Honourable Sessions court under Section 227 in The Code Of Criminal Procedure , kindly do let me know Sir

[@bamniyasuriybamniyasuriya2295]

15731/2021

[@bamniyasuriybamniyasuriya2295]

15731/2021

[@bamniyasuriybamniyasuriya2295]

15731/2021