A discharge application under Section 239 CrPC (Magistrate) or Section 227 CrPC (Sessions Court) seeks freedom when the evidence does not support a trial. A Kolkata criminal lawyer files this before the court to stop the prosecution early.
Grounds for Discharge
The court discharges an accused when the evidence, taken at face value, cannot establish a prima facie case. Weak charge-sheets, missing ingredients and fabricated evidence often support a discharge application.
- Section 239 CrPC for Magistrate courts
- Section 227 CrPC for Sessions courts
- Prima facie test decides the outcome
- Discharge ends the case without a full trial
Strategy for a Strong Application
Your lawyer scrutinises the charge-sheet and evidence, then argues that no reasonable court could convict. Early filing avoids months of trial.
If the police case is hollow, seek discharge. Consult the criminal lawyers at FileX Advocates in Kolkata to file your discharge application at the right moment.