discharge of accused
Querist :
Anonymous
(Querist) 04 June 2011
This query is : Resolved
Dear Brothers,
Is it possible for an accused to be discharged in a trial ,after the trial has started, instituted by a police report u/s 245[2] CrPC?
In case sec 245[2]CrPC only concerns cases instituted by direct complaints before magistrates then is there any other provision by which an accused may be discharged for paucity of evidence during trial by the trial magistrate in a warrant case?
Thanks in advance
prashant pundhir
(Expert) 05 June 2011
Ya,definetly .
1.If the evidence given u/s 244 cr.p.c. and the magistrate finds them insufficiant and also that no case against the accused is made out,he can discharge the accused u/s245(2) cr.p.c.
2.If no evidence is produced from complainent u/s244 cr.p.c,then accused also has the right to give the application of 245(2)cr.p.c. for discharge .
prashant pundhir
(Expert) 05 June 2011
The same thing is in the cases instituted by a police report . If the magistrate finds the charges groundless,means that no conviction can be rested on it,and not that the evidence does not disclose any offence .
Querist :
Anonymous
(Querist) 05 June 2011
I thank you Mr. Pundhir. Actually my magistrate refused to entertain a petition under 245[2] CrPC against the accused as the case instituted against him was not a complaint case but a case initiated by the police and was chargesheeted by th police. Can I trouble you more by asking you to give me a single SC or any HC judgement in which relief was provided to the accused under 245[2]when he had been put to trial due to police charge sheet. I thank you again for all the trouble you have taken.
Arun Kumar Bhagat
(Expert) 05 June 2011
No there is no provision for acquittal before conclusion of trial in cases instituted upon Police Complaint. Evidence has to be closed and the court has to proceed for 313 Cr.P.C.
PALNITKAR V.V.
(Expert) 06 June 2011
Once the recording of evidence begins after framing of charge, whether it be a case instituted on police report or otherwise, the clock cant be set back so as to discharge the accused. The case must go on to its logical end, whether it be conviction or acquittal. The only course is to approach higher courts in revision against framing of charge.
Querist :
Anonymous
(Querist) 07 June 2011
Dear Mr. Bhagat and Mr.Palnitkar,
Thank you so very much for your replies. I do agree with you that except for cases instituted by private complaint directly in the courts of law, there is no provision in CrPC to discharge the accused midway in a trial.
regards
