Sec 239 Cr. P. C.

Guest (Querist) 12 March 2009 This query is : Resolved
In a criminal case the last three dates are being given for framing the charge. However either all the accused are not present or the Public Prosecutor is not present before the court. For this reason the court is not framing the charge.
Now next date is also for framing the charge.
At this stage can an application under section 239 Cr. P. C. be filed on behalf of one accused? there are 5 accused.

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sanjeev murthy desai (Expert) 12 March 2009
You can not take the benifit of this section beacuse in your case the charge sheet not filed.

After the filing of charge the court thinks the charge against the accused to be groundless then the accused ought to be discharged otherwise not.

sanjeev desai

Guest (Querist) 12 March 2009
Sorry to mention...charge sheet is filed...
can it be filed now??(application under section 239 Cr. P. C)

PALNITKAR V.V. (Expert) 12 March 2009
Framing of charge is a stage after filing of chargesheet. An accused is entitled to file application for discharge u/s 239 of Cr.P.C at any stage before framing of charge. It has no relevance to the absence of any other accused.

M. PIRAVI PERUMAL (Expert) 12 March 2009
I agree with the views of my learned friends.

MANISH (Expert) 14 March 2009
No dear friend,
No application could be filed nor entertained under section 239 regarding framing of charge. it is upto court.
However, you may file a petition under section 482 cr PC before the High court for speedy disposal of the case. But the fact is that the same may not be entertained, as there is not a gap of several years, and the delay is mostly due to the fault of the accused as u already stated that any of the accused remains absent on some day.
So, wait for some time, and one day will come when charges shall be framed.

Guest (Querist) 15 March 2009
again confused.....

PALNITKAR V.V. (Expert) 15 March 2009
Dear Manish, have you gone through Sec. 239 carefully? If not please go through and frankly tell me why the view expressed by me is wrong. I would like to correct myself in I have given a wrong opinion. I shall be hightly obliged if you state reasons for your opinion or reasons which prove my opinion as wrong.

Guest (Expert) 15 March 2009
I agree with Mr.palnitkar.Discharge application can be filed before framing of charge.

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