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Vijay Bhaskar (Law student)     13 July 2024

Discharge petition

Dear Sir,

Namaste. May I please ask about general procedure for Discharge petition before Hon'ble Trial court if Disposing of Discharge petition normally requires Cross Examination too or Cross Examination happens only after disposing of Discharge Petition. Thanks for enlightening.

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2024

There is no requirement for cross examination in the discharge petition, if the discharge petition is dismissed the the trial court will proceed with the further trial proceedings as per procedures of law.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 July 2024

The general procedure for a discharge petition in trial courts is as follows: 1. *Filing the petition*: The accused or their lawyer files a discharge petition in the trial court, stating the grounds for discharge. 2. *Notice to prosecution*: The court issues a notice to the prosecution to respond to the petition. 3. *Prosecution's response*: The prosecution files a reply to the petition, opposing the discharge. 4. *Arguments*: Both sides present their arguments before the court. 5. *Court's decision*: The court considers the petition, response, and arguments, and passes an order either allowing or rejecting the discharge petition. 6. *Reasons for rejection*: If rejected, the court provides reasons for rejecting the discharge petition. 7. *Right to appeal*: The accused has the right to appeal against the rejection of the discharge petition to a higher court. Grounds for discharge may include: - Lack of evidence - Illegal arrest or detention - Malicious prosecution - Violation of constitutional rights - Delay in trial - Other legal grounds Note: The specific procedure may vary depending on the jurisdiction and local laws.

Vijay Bhaskar (Law student)     14 July 2024

Thank you very much Sirs for enlightening. I am obliged and grateful for your replies 


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