Can discharge application be filed after framing of charges?

Once the charges are framed, the accused is put to trial and thereafter either acquitted or convicted, but he cannot be discharged. Once charges are framed under Section 228 of the code, there is no backgear for discharging the accused under Section 227 of the code. Discharge post framing of charge is not viewed in Cr.

When should the Magistrate frame the charge?

Section 246 of the Code states that when in any warrant case otherwise than on a police report, the accused is brought before a Magistrate and the Magistrate upon examination and hearing, is of the opinion that there are sufficient grounds to presume that the accused has committed the offence, then the Magistrate shall …

Can discharge application be filed before chargesheet?

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.

When an accused can be discharged by Magistrate?

If there is no convincing material on record against the accused, then the Magistrate shall proceed to discharge the accused under Section 245(1) CrPC. Section 245(2) CrPC empowers the Magistrate to discharge the accused at any precedent stage of the case which means even before such evidence is led.

What happens after framing of charges?

After the charges are framed then the Prosecution(State) will lead evidence, the Prosecution Witness will appear in court and will depose and then you can cross examine them, after all the witnesses are examined then you can give your statement and lead the witness and then the court will pronounce its judgement.

Can a Magistrate open a case for prosecution?

P.C, a Magistrate has the power to allow any person to appear personally or through a pleader, including complainant, to conduct prosecution. The Hon’ble Supreme Court in the case of M/s. If he submits any such written arguments the Court has a duty to consider such arguments before taking a decision..”

What is the necessity to frame charge?

The purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the nature of accusation that the accused is called upon to meet in the course of a trial.

When can charges be framed?

15. The stage of framing of charge in both Warrant cases and Sessions Cases come only if the accused is not discharged under Section 227 Code of Criminal Procedure by the Sessions Judge in Sessions Cases and under Section 239 Code of Criminal Procedure by the Judicial Magistrate of 1st Class in warrant cases.

Can Magistrate discharge in summons case?

Suffice it to say that in a summons case instituted otherwise than upon a complaint, Section 251read with Section 258 CrPC does clothe the learned Magistrate with the requisite power to discontinue further proceedings and release the accused at the stage of Section 251 CrPC or later if the learned Magistrate feels that …

How charges are framed in the trial before a court of session?

Under Section 228, The Judge after considering the records of the case and the documents submitted along with it in evidence and hearing the prosecution and the defence, he thinks that there is a ground to presume that the accused has committed the offence and is exclusively triable by the Court of Session, he will …