Vijay Nama 23 October 2017

Application for discharge u/s 239 cr.pc

Case Summary : A false case has been made and FIR has also been registered u/s 498 A, 406 of IPC and DP-4 against all accused without any sufficent evidence. Complainant has no evidence in support of any alligation. Complainant also denied for Medical Test as She reported no injury mark on her body and refused for Medical.

On other hand, All Accuse; Husband, Mother-in-law, father in law - have submitted the Evidences of innocence like Call Recordings & Transcripttion of Call Recording in CD, Pen Drive & Hard Copy to the Investigation Officer on the first day itself. But Investigation Officer did not take the Evidences in Record. Due to this doubt, accused persons has sent all these evidences to SP and IGP through .gov.in E-mail ids. Even after this, the case has been made by police and Challan put up in Hon'ble Court. Now the Charges has to be decided in Court and accused tried to submit the Application of Discharge u/s 239 Cr.PC on the day of Challan Put up but the APP and Advocate discussed and refused to admit the Application on the day of Challan.

Now all Accused person prepared an application for discharge u/s 239 and this application along with court fees duly signed by all accused persons has been sent to the Hon'able Court by Registered AD Post along with all proper facts.

In this regard the Questions are as following :

1. Can the Discharge Application u/s 239 Cr. PC be filled without an Advocate ?

2. Can the Discharge Application u/s239 Cr. PC along with court fees be submitted to Hon'ble Court through Registered AD Post.

3. If Complainant has no supporting evidence even no paper or electronic evidence and on other hand, the accused person have proper evidence that they submitted all the evidences to the Police on the first day but police tried to destroy the evidences, email reports along with the enclousers which automatically prove that police recived the evidences before challan has been put up in court, in this case what is the probability of Discharge.

Kindly share the experiences ...

Thanks in advance.

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3 Replies

manoj 23 October 2017

Discharge application under section 239 CrPC can be filed before trail court to discharge the charges against you. But in trail court as per supreme court direction the accused is having limited scope to discharge the charges, but in High Court the court is having vide power to discharge basing on documents filed by accused in high court, but that opportunity is not having for the accused in trail court to discharge the charges. I am completely referring to the Supreme Court decision.

manoj

advocate

8686159292

Vijay Nama 23 October 2017

Thank you for sharing your experience.

But an application duly signed and duly with Court fees can be submitted through Registered AD Post to the Court in case of outsation or distance. or the court may denied or refuse to admit the application recevied through Registered AD post

R Trivedi (advocate.dma@gmail.com) 23 October 2017

You have not yet been charged, so how can u move discharge application? All these evidences are triable, so even the HC may find difficult to quash. See what the I/O says about you.