Discharge

Hukum Singh (Querist) 04 July 2013 This query is : Resolved
How much time a discharge petition take in criminal case?

Can discharge petition filed after framing of charges?

If discharge petition rejected by trial court can I go to session court.

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Guest (Expert) 04 July 2013
As regards discharge is concerned, discharge application can be preferred only prior to framing of charge and not later on. Once the discharge application is preferred and reply/say is filed by prosecution, the court decides the same. If discharge application is rejected by trial court, Cri Revision lies against the order before Court of Sessions.

Hukum Singh (Querist) 05 July 2013
What is the value of contradiction of all witness statements in 161 crpc statements?
Can accused submit his documentry evidence at discharge time?
Is there any jirah during discharge?
Who do jirah on behalf of girl?

Guest (Expert) 05 July 2013
If the accused has evidence which could prove and establish his case at the time of discharge, the accused can always prefer application for production of same before court and can establish his case. Arguments does take place at the time of discharge. Normally on behalf of a complainant who is a girl Prosecutor does the argument unless the complainant has engaged her own lawyer as Special Prosecutor designated by State Govt or can appoint a lawyer to assist state for arguments u.s 301 of Cr P C.

Raj Kumar Makkad (Expert) 05 July 2013
There is no provision to allow the accused to lead his evidence at the time of consideration of his discharge application. Only prima-facie material put up by the prosecution against him is taken into consideration and none of the parties can lead its evidence in support or to oppose the application.

Raj Kumar Makkad (Expert) 05 July 2013
So far as contradictions in the statements recorded under section 161 criminal procedure code is concerned, the accused can definitely take its benefit during the trial.

Hukum Singh (Querist) 05 July 2013
My Lord Mr. Rajkumar ji,

Why should accused face trial when he has evidence.
1. Jurisdiction based discharge.
2. No accused was at crime place no witness supported that in 161 crpc.

Raj Kumar Makkad (Expert) 05 July 2013
Every case has to run as per procedure laid down in criminal procedure code. The prima-facie case put up by Investigation Officer under section 173 of criminal procedure code has to be seen by the court at this stage including the statements recorded under section 161 and if the total considertion do establish that there is no prima-facie case against the accused person only then the accused shall be got discharged.

Raj Kumar Makkad (Expert) 05 July 2013
AND please do not use words like My Lord for me. I am just a student of law.

Hukum Singh (Querist) 05 July 2013
Then what is the role of discharge?
It means one should go for quash with his evidence.
Kindly help.

Raj Kumar Makkad (Expert) 05 July 2013
If discharge is such easy process then every accused shall get its benefit and there shall not be any trials in India.

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