Siv (engineer) 07 October 2010

Filing CrPC-91 application after discharge U/s 239 is valid?

Dear All, After police filed the charge sheet in court, court given Court Case (CC) number to the charge sheet. In the next hearing accused filed discharge and it was dismissed. (to file discharge accused got the certified copies of the charge sheet, Court till now did not issue the copies of the police investiagtion report to the accused as per CrPC proceedure) In the dismissal order court found that based on some statement court pressumed that prima facie offence is happened and will proceed to trial. Then accused filed application U/S 91 of CrPC with prayer to summon the SHO to collect the documents and produce them before charges are framed U/s 240. Accused did this to further argue saying that the requested documents show that the offence is not happened so that court will not charge the accused as per section 240 of CrPC. Court dismissed this CrPC-91 application saying that at the stage of framing the charge only section 91 of CrPC is to be filed, not at the current stage of the case. I believe if court dismissed the application U/s 239 then next step will be framng the charge U/s 240 of CrPC for the criminal case U/s 498A IPC. Hence application U/s 91 of CrPC is maintainable as per law..... does my thinking is right....? can i go for revision of this dismissal....? During the revision can I ask High Court to pass order saying the Magistrate Court shall consider the material documents that will be collected by the SHO before framing the charge on Accused?

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Siv (engineer) 07 October 2010

Dear All,

After police filed the charge sheet in court, court given Court Case (CC) number to the charge sheet.

In the next hearing accused filed discharge and it was dismissed. (to file discharge accused got the certified copies of the charge sheet, Court till now did not issue the copies of the police investiagtion report to the accused as per CrPC proceedure)

In the dismissal order court found that based on some statement court pressumed that prima facie offence is happened and will proceed to trial.

Then accused filed application U/S 91 of CrPC with prayer to summon the SHO to collect the documents and produce them before charges are framed U/s 240. Accused did this to further argue saying that the requested documents show that the offence is not happened so that court will not charge the accused as per section 240 of CrPC.

Court dismissed this CrPC-91 application saying that at the stage of framing the charge only section 91 of CrPC is to be filed, not at the current stage of the case.

I believe if court dismissed the application U/s 239 then next step will be framng the charge U/s 240 of CrPC for the criminal case U/s 498A IPC. Hence application U/s 91 of CrPC is maintainable as per law..... does my thinking is right....? can i go for revision of this dismissal....?

During the revision can I ask High Court to pass order saying the Magistrate Court shall consider the material documents that will be collected by the SHO before framing the charge on Accused?