Discharge Of Accused When No Charges Are Framed

A Private Complaint was filed u/s 386,378,341,323,504,506,34 of IPC before first class JM. The learned court ordered under crpc156(3) for investigation and police filed a report that no case is made out after investigation and submitted that report ... Read More

A Private Complaint was filed u/s 386,378,341,323,504,506,34 of IPC before first class JM. The learned court ordered under crpc156(3) for investigation and police filed a report that no case is made out after investigation and submitted that report to the court. The complainant is being absent since the case is filed from 2014. Since nothing had happened till now and no charges are framed yet, under what CrPC section an application can be filed so that accused can be discharged and acquitted or any other legal remedies?
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Answer (1)

Karishma Pandit

Karishma Pandit

  • Sector-1, Noida

P.C. is over and Court proceeds to frame charge and that order attains finality, there is no subsequent stage at which the accused can be discharged. Once after framing of charge trial has commenced, accused can either be convicted or acquitted and not discharged in a sessions or warrant case.

Answered on 29 Mar 2020


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