MASTHAN (Self employeed) 27 April 2010

Need urgent help U/S 239 Cr.pc

Hi All,

I have certified copy of FIR, and XEROX copy of charge sheet and 161 statements. I will get the certified copy of charge sheet and 161 statments at the end of this week. Tomorrow morning I am planning to file a petition in sessions court for discharge u/s 239 Crpc. Now my question is can I file a petition with certified copy of FIR and then I will ask some time in the sessions court to get the certified copy of charge sheet and 161 statments and then I will ask to stop proceedings till we hear final words on discharge petition. Can I do that? or certified copy of charge sheet and 161 statments is mandatory to file petition? Please help me urgently.

Thanks,

Masthan

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2 Replies

Majid Kachhi (advocate) 29 April 2010

No it is not necessary to file certified copy of chargesheet. It is sufficient if u file true copy of said chargesheet before sessions court for discharge application.

MASTHAN (Self employeed) 29 April 2010

Hello Majid,

Yesterday I spoke with an advocate who is practicing in sessions court, he was telling that once the charge sheet submitted to the court, you can only go to high court for quashing, you can not go for sessions court for discharge, but many of my friends told that it is possible to challenge the charge sheet in session under section CrPc 239 and 245 Crpc. I am just worrying what is correct and what is wrong . Being a criminal advocate , can you tell what is correct ?

At present the charge sheet is filed but charges not framed. When I say charges not framed it means, we have not received charge and we have not received summons from court and we not yet faced trail court so far.

Thanks,

Masthan