Discharge u/s 245 CrPc
Ranganath
(Querist) 31 August 2009
This query is : Resolved
Ld Counsel,
What is the main diff between discharge u/s 239 and u/s 245.
How long will the prosecution seek time to file counter and get ready for arguments.
Is it possible for the court to frame charges during the pendency of dischagarge petition in the same court.
Pls clarify
Thanks
deepak kumar
(Expert) 31 August 2009
the first one i.e u/s 239 is applicable in police case ( FIR) and 245 is applicable in complaint case.
the time allowed is at the discretion of the court.
it is generally not the normal practice to frame charge during the pendency of discharge petition but is the accused is trying to delay the trial then this may be resorted to if there are enough material against the accused.
A. A. JOSE
(Expert) 31 August 2009
Mr.Deepak Kumar is right and I am also of this view.
Bhumik Dave
(Expert) 31 August 2009
Generally court not frame charge during pendency but its a discretionary power of court.
Sect. 239 related with Police case & FIR. But Sect. 245 related with Private complaint
Ranganath
(Querist) 31 August 2009
Ld Counsel, what if a lawyer by mistake submits a petition u/245 instead of u/s 239. Will the court accept the petition and ask for prosecution to give counter.
pls clarify
Ravi Arora
(Expert) 01 September 2009
I do agree with my Ld. friends but court can't frame charge before the disposal of discharge application
deepak kumar
(Expert) 06 September 2009
as far as filing of discharge petition under wrong provision of law is concerned this can be corrected at any time with the permission of court.
Ranganath
(Querist) 06 September 2009
thank you Mr. Deepak Kumar.
