Discharge before charge framing
AdvocateVinodGulati
(Querist) 24 September 2012
This query is : Resolved
Before the CJM frames charges, another Investigating Officer finds no sufficient evidence against the accused persons when he conducts further investigation under section 173(8) Cr.P.C. what action would the CJM be bound to take to proceed ahead?
ajay sethi
(Expert) 24 September 2012
if in the investigation of the Investigating Officer no offence is made out from the facts of the case then on submission of police report, the Magistrate is empowered to take cognizance after rejecting the final report on the protest petition of the complainant.
AdvocateVinodGulati
(Querist) 24 September 2012
Sir, still not clear. The Magistrate has already taken cognizance of charge sheet submitted by the IO. But afterwards further investigation conducted under Section 173(8) concludes, before the Magistrate frames charges on the basis of the charge sheet submitted, that on the basis of new facts examined under the further investigation, no offence was ever committed. What shall the Magistrate do? Would he discharge the accused persons first or consider the protest petition of the complainant, continuing the judicial custody of the accused persons?
