Legal Question in Criminal Law in India

Discharge

Ld counsels,

When a chargesheet is filed in magistrate court for a warrant triable case. If the accused want to file discharge peition is it necessary for the accsued to appear on the first date (after getting summons). Is it required for the accused to get the chargesheet in person from court before filing discharge petition.

Please clarify

Thanks


Asked on 7/20/09, 11:39 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Discharge

An accused may be required to be present in the court on every date of hearing.

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Answered on 7/20/09, 10:09 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Discharge

the discharge application can only be filed after the charge sheet has been filed by the police in the court of magistrate. generally the charge sheet is handed over to the accused only but it can also be handed over to his lawyer in case the accused is exempted from appearance on that day.

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Answered on 7/21/09, 12:42 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Discharge

an accused is discharged only after the charges are framed by the court after taking cognizance of the charge sheet. upon filing of charge sheet, your lawyer may argue that the charge of offences not made out.

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Answered on 7/21/09, 12:43 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Discharge

Unless an accused appears in the matter either personally or through pleader, how can he apply for discharge?

Therefore, appearance of accused would be necessary.

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Answered on 7/21/09, 4:41 am


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