discharge

Querist : Anonymous (Querist) 09 August 2010 This query is : Resolved
sir, i was told by one of the lawyers that trial court has no power to entertian a discharge petition how far it i true is there an y judgement of apex court that the trial court can entertain the discharge petitions filed before it.

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Querist : Anonymous (Querist) 09 August 2010
judgements of apex court aver much urgetn tht he tril court can entertain tyhe discharge petitions

s.subramanian (Expert) 09 August 2010
under sec.245 cr.p.c. trial court has powers to discharge. when section itself is clear why do you need a citation.

B K Raghavendra Rao (Expert) 09 August 2010
Trial court has powers to discharge accused if he is found prima facie not guilty of the offence alleged.

vijayan (Expert) 09 August 2010
Only a trial court is competant to discharge an accused U/S 239 of Cr.P.C , if the charge levelled is groundless. you need to convince the trial court before framing charge and a particular petition is not necessary for the purpose.