Sec 239 of crpc
PARTHA SARKAR
(Querist) 19 March 2012
This query is : Resolved
Kindly advise suitable ground for discharge hearing for sec like 406, 499 IPC at the time of framing of charge.
Raj Kumar Makkad
(Expert) 19 March 2012
If the contents of the prosecution case do not disclose the commission of the offence then such accused may be discharged at this stage.
Adv.R.P.Chugh
(Expert) 19 March 2012
Stage of Charge Framing is not a mini trial. Court would peruse police report - (won't go into your documents) frame charge if it finds grounds for presuming that offence is there (i.e prima facie)
PARTHA SARKAR
(Querist) 19 March 2012
Sir
In case of sec 200 CrPC private complaint?
SAINATH DEVALLA
(Expert) 19 March 2012
If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
section 406.
(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
(2) The Supreme Court may act under this section only on the application of the Attorney General of India or of a partly interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.
Section 499. Defamation
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
Explanation 1
It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2
It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation 3
An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4
No imputation is said to harm a person’s reputaÂtion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceÂful
SAINATH DEVALLA
(Expert) 19 March 2012
200. Examination of complainant.
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or
(b) If the Magistrate makes over the case for inquiry, or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 March 2012
Discharge is most misunderstood section by most of the accused.
If the story of the complainant do not disclose any offense than only it is applicable otherwise not.
The case may be false or you may disprove it will be taken at trial only and not under section for discharge..
Nadeem Qureshi
(Expert) 19 March 2012
Dear Sarkar
it's depend on the fact and circumstances of the cases and all documentary evidence.
feel Free to Call
Shonee Kapoor
(Expert) 19 March 2012
:-)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 20 March 2012
First of all a court can frame charge only when there is a prima faci case. If there in no prima faci court may discharge in a case instituted on police report.
But in a case registers by court , court will frame charge only if it apears from the evidence receded before charge has sufficient material to warrent the conviction of the accused.
PARTHA P BORBORA
(Expert) 20 March 2012
First of all a court can frame charge only when there is a prima faci case. If there in no prima faci court may discharge in a case instituted on police report.
But in a case registers by court , court will frame charge only if it apears from the evidence receded before charge has sufficient material to warrent the conviction of the accused.
