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Legal Insights on Discharge Laws

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372 views2 pages

Legal Insights on Discharge Laws

Uploaded by

prema
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Accusations are vague and unjustified

The settled law relating to discharge of accused is based on two grounds-

1) If the charge against the accused is groundless and


2) there is no case of any evidence so as to frame charge against the
accused.

Compliance with procedural requirements: The application should


stress the importance of following the procedural requirements laid
down in Sections 239 and 240 of the CrPC. It should argue that non-
compliance with these provisions would vitiate the order and that
the Magistrate must observe and comply with these provisions
before arriving at a decision to discharge or frame charges against
the accused.
3) The test laid down by the law is that of prima facie case
Case law State vs R. Soundirarasu | 2022 LiveLaw (SC) 741

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 1452 – 1453 OF 2022


(Arising out of Special Leave Petition (Crl.) Nos. 3445-3446 of 2019)

STATE THROUGH ….APPELLANT(S)


DEPUTY SUPERINTENDENT Of POLICE

VERSUS

R. SOUNDIRARASU
ETC. ....RESPONDENT(S)

Para 72 73 74 and 80

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