for information

Hello,

Discharge application is the remedy provided to the person who has been charged maliciously. If the false allegations have been made against him, he can file an application for discharge. He is entitled to acquittal if the evidence provided to the court is not sufficient to prove the offence.

This application can be filed even before the charges have been set against him if the judge contemplates that there are no sufficient grounds available for implementing the proceedings against the accused. 
The discharge application can only be filed against warrant cases. Warrant cases consist of serious crimes that are punishable with death or imprisonment more than 2 years. A warrant is a document or order that empowers the Police to arrest a person holding criminal charges.

Contents of discharge:
While receiving a discharge application, the court has to consider the following facts:
1. The report and charge sheet submitted by police under section 173 of Crpc.
2. Adequate opportunity to be heard has been given to the prosecution and the accused.
3. The magistrate thinks through the charges as false and unsubstantiated.

Procedure:
While filing an application for discharge, the accused has to consider the following points:
1. That the report submitted by the Police does not contain effective facts and evidence.
2. That the material facts of the case cannot be determined. 
3. That the accusations upon him are unsubstantiated and vague. 
4. That the prosecution has not provided with any witnesses.

After examining these facts and evidence,if the magistrate thinks that these grounds are sufficient to discharge the accused, the application for discharge is accepted.

Remember its important to contend how and why the charge is malicious.

Thank you