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      An accused (if he/she is falsely accused) can file discharge application at any stage of the proceedings as per Section 245 of CrPC, It can also be filed before framing of charges under Section 239 of CrPC.

      Discharge application can be prepared with the documents received along with charge sheet and any other documents that police have in their possession which could make the case strong for the accused may also be presented.

      However, it is very important to keep in mind the following points while filing for Discharge application:

      # Your application should state Grounds for discharge and show that no prima facie case is made out.

      # The application can be submitted on any day not necessarily the date given for the case.

      Sometimes, a Miscellaneous case number is given and heard separately with separate set of hearing dates. while in most often, it is heard under the same number of charge sheet case Criminal Case : C.C. No..

      But under any method, the main case is stopped till 'Discharge Application' is not disposed off.

      Bare act attached.

      Attached Files:

      • CrPC.pdf
        File size:
        952.5 KB
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