dischaqrge petition
Querist :
Anonymous
(Querist) 08 May 2011
This query is : Resolved
lower court has dismissed a discharge petitiondespite there is a supremecourt judgement stating that introduction does not come under the fraud and the lower court despite admitting the judgement has dissmissed the petition bringing into order about the absconded person sysing it is premature stage is .It is common to file a dischagre petition before framing of charges and before 251 examiation but how the lower court came to the conclusion that it is premature stage is billion dollar question. I want to know from the experta that can a discharge petition be dissmised by a lower court despite there is a supremecourt question a ground of premature stage.
Advocate. Arunagiri
(Expert) 08 May 2011
You can file a discharge petition before the framing of charges. But, to allow that petition is the discretion of the magistrate based on the facts.
