Opinion needed

Dear Mr.Shanker,

No Discharge until the police actually files a report. The Court has not even taken cognizance so no question of discharge. 482 seems to be your remedy. However quashing is not done as a matter of course - only under exceptional cases the court would quash it - because the courts feel the truth or falsity of the matter would come out only after evidence and during trial, and they don't interfere unless the FIR is perverse and palbably misconcieved/ill designed on the very face of it. 

Feel free to talk !

advocate pranan sarcar-rep.by ld.senior adv.biplab biswas obtained a discharge u/s.239 in north bidhannagar courts in calcutta in p.s.128/09 reprted in law reporter-if i could obtain a copy of the order it would be useful.can you help please.

ravi shankar, that section 239 CrPc is attracted when the charge sheet is filed under 173 of the Code and after hearing the prosecution and the accused if the Magistrate is satisfied that the chare against the accused is groundless, the Magistrate will discharge  the accused. Section 239 of the code operateswhen no primafacie case is made out against the accused or specefic alegations is not made out against the accused ion the complaint. Your question is discharge under 239 of the code when no chargwe sheet/final report has been filed, and experts has rightly answered your query.

May be the Magistrate acted upon some super  Provisions of law, but certainly not under 239 of the code which is attracted for framing of charge against the accused after the chrage sheet is filed and trial commence.