Notice framed u/s251crpc hence discharge application u/s245(ii) is not maintainable

Uday Kumar (Querist) 02 October 2014 This query is : Resolved
Accused filed a discharge application 245(2)CRPC before magistrate however same was dismissed as not maintainable as Notice U/S 251 has been framed.

Please suggest what next remedy we have

With Regards
Uday Kumar

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ROHIT SHARMA (Expert) 02 October 2014
1. Yes, the procedural laws do not grant any discretion to the Magistrate to entertain the discharge application which should in fact needed to be submitted before the charges are framed but since the same has been submitted after such charges are framed then the court has lawfully dismissed such submission of discharge.

lingraj maradi (Expert) 02 October 2014
yes only after framing charges accused has to file discharge application

Rajendra K Goyal (Expert) 02 October 2014
Agree with the experts.

Raj Kumar Makkad (Expert) 08 October 2014
I also do agree with the experts.

AMAR RANU (Expert) 26 November 2014
Since magistrate has limited powers,only remedy is to go to either in revision or through writ for quashing of your complaint, if valid grounds are available.

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Notice framed u/s251crpc hence discharge application u/s245(ii) is not maintainable

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