Discharge Application

Querist : Anonymous (Querist) 17 December 2010 This query is : Resolved
Sir,
In a CBI case relating to PC Act, 1988, if a person files a discharge application, Before framing the charges.
While referring to any documents filed with the chargesheet, does it amount to accepting the documents.
Even for pointing out technical or factual errors in the chargesheet, I feel that in the discharge application that some documents filed with the chargesheet have to be referred. In that context, whether the cbi can say, at the time of trial stage, if not discharged, that the documents are not disputed by the accused..?

Thank You,

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Advocate. Arunagiri (Expert) 17 December 2010
PC act - trial stage - Discharge application - not possible.

s.subramanian (Expert) 18 December 2010
You can argue on the basis of such documents assuming and without conceding their truth. There is nothing wrong. It cannot be assumed as an admission on your part under Sec.17 of the Evidence Act.

Querist : Anonymous (Querist) 19 December 2010
Thank You.S.Subramanian Sir for the advice.

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