Discharge petition should be filed before framing of charge or after that?

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    • December 21, 2018 at 9:06 am #4996
      Anonymous
      Guest

      When should discharge petition under sec 239 crpc be filed before Framing of charges are after framing of charges?

    • December 23, 2018 at 11:38 am #5002
      Dr. Ashok Dhamija
      Advocate

      The discharge petition is required to be filed before the framing of charges. Once the charges have been framed, the trial will start and the accused can get acquitted but not discharged. Of course, the accused can challenge the order of framing of charge in the higher courts. But, if he wants to file a discharge petition in the trial court itself, then it should be done prior to framing of charges.

           

      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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