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Tripathi RR (Professional)     12 December 2012

Filing of discharge petition

Hello Lawyer friends,

I need to understand the process to file a discharge petition on behalf of an accused person who has been chargesheeted under section 420, 406 and 34 of the IPC.

The accused has come to an agreement with the plaintiff with regard to the case where a third person introduced both the complainant and the accused with a fourth person who cheated the plaintiff of a sum of rupees 10 lakhs on the pretext of getting an unsecured loan against land for Rs 4 cr. The accused was arrested by the Mumbai police and was under police custody for seven days and then he secured bail from a magistrate's court.

Now the accused and the complainant have amicably settled the matter while the second accused has not and the third accused  is absconding (the one who took away the money).

How does on proceed for discharge of the accused from the case and any precedents?

Kindly help!

Thanks

 

 

 

 



Learning

 2 Replies

surjit singh (Assistant)     13 December 2012

Argue before the CJM when the cognizance is taken on the chargesheet, or you can file an application under section 227  CrPC for discharge at the charge stage. Under secton 320 CrPC the owner of the property breached has can compound the offence so since there is an amicable solution you can go for discharge.

Tripathi RR (Professional)     13 December 2012

Thank you Mr Singh i appreciate your valuable inputs.


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