Discharge U/S 239 of Cr.P.C.
allurisivajiraju
(Querist) 17 October 2008
This query is : Resolved
Respected Seniors,
Whether the Accused is entitled to ask for discharge prior to the committal of a case to the Sessions Court ?
Thanking You Sir.
sanjay kumar patibandla
(Expert) 17 October 2008
No, After committal and before framing of charges he is entitled for discharge.
One more thing is that if the magistrate feels that no case is against the accused is established he may reject the charge.
K.C.Suresh
(Expert) 18 October 2008
Dear Raju,
The Sessions Trail is in Chapter XVIII of Cr.P.C (hereafter refer as COde) and S. 239 is under Chapter XIX for "TRIAL OF WARRENT CASES BY MAGISTRATES".
For sessions Trial under Chapter XVIII there is Sec.227 for Discharge. So Sec.239 of the Code is not apllicable to Sessions Trail. Hence your question is answered negatively.
You may also look into Sec. 209 of the Code.Now what Sec 209 of the Code says. It speaks of the commitment of case to Court of sessions when offence is traible exclusively by sessions court. The power to a Magistrate U/s 209 (a) is for bail and remand of the accused to custody.The power vested with the Magistrate is clearly stated in Sec.209 of the Code from (a) to (d) of Sec.209. It is a well settled law that the Magistrtae is forbidden to apply his mind to the merit of the case(1997) 3 Crimes 48 (Pal). Magistrate has no option but to commit the case to the Court of Session only in respect of those persons who have been chargesheeted Bholo Ravi v. State of Bihar (1997) 3Crimes 48 (Pal)
ARVIND JAIN
(Expert) 18 October 2008
THANX FOR EXPLAINING THE PROVISIONS.
