(Guest)

Is presence of all accused mandatory when filing crpc 239

HI All

I have a query regarding the crpc 239 discharge application, I want to file the discharge based on Jurisdiction for all the 6 people ,

here it it mandatory for all the 6 people to be present while filing discharge application in the Trial court.

Any other application can be filed for other people who are not present ?

Satish Yearva

Bangalore

Goutam Prasad (Advocate) 26 November 2012

Application for Discharge can not be made on the ground of jurisdiction. Such application can only be moved praying no sustainable charge.

However, on the ground of jurisdiction, you can file application for quashing of FIR.

In case all accused is not present, you will need application for exemption from personal appearracne for the day.