What is Discharge Application under Domestic Violence Act and CRPC
Under Criminal Procedure Code.1973 ‘Discharge’ application is the remedy provided to the 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.
Classification of Criminal Cases
There are two major classifications of criminal cases under Cr.P.C:
(1) Cases instituted basing on police report (2) Cases instituted on complaint
Discharge of accused in Warrant Cases instituted basing on Police Report
The general process of law is that after the police on completing its investigation, files the final charge sheet against the accused under section.173 Cr.P.C. Thereafter the accused is put to trial for framing of charges against him, by the concerned Court.
However there lies a 2 provision under section.239 and 227 of Code of Criminal Procedure that the Accused person can be discharged before the charges are framed against him. These provisions can be resorted to by the Accused in warrant cases only.
When accused shall be discharged in warrant case instituted on police report before Magistrate
Section.239 Cr.P.C, When accused shall be discharged. - 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.
At the stage of framing of a charge by magistrate, probative value of the materials on record cannot be gone into, the materials brought on record by the prosecution have to be accepted as true at that stage.
The Sessions Judge is bound to discharge the accused in the following cases:
(a)Where the evidence produced is not sufficient. (b)Where there is no legal ground for proceeding against the accused. (c)Where no sanction has been obtained. (d)Where the prosecution is clearly barred by limitation. (e)Where he is precluded from proceeding because of a prior judgment of High Court.
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