Saturday, September 20, 2008

Discharge : 239 Crpc

From My Opinion:
In practical practise i have found This specially can be applied and should be applied for Other than A1(Accused 1)
But in case a case cannot be made out, this should be excercised for every one including A1
conceptual Meaning: This is asking revision of cognizance in a criminal matter and discharge its a section under CrpC 1973.
Definition is:239. When accused shall be discharged.
If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing
Citations and Judgements
http://mynation.wordpress.com/2008/02/05/judgements-for-discharge-us-239/

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