accused discharged at the time of framing of charges?

Answer 1

In India in a trial before a session court accussed can be discharged under section 227 of the Criminal Procedure Code If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
In trial of warrant cases by magistrate section 239 of the Code provides 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.
section 245 of the Code provides (1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.
These are all the cases where an accussed can be discharged at the time or before framing of charges.

Answer 2

An accused would not lose his authentic to plead for justice or discharge in basic terms on the floor that quotes have wrongly been framed. One won't be able to take a view that an entire trial should be gone through earlier the pronouncement of judgement acquitting him. If the court docket which framed quotes would not prefer to alter its orders on advantage, i think of the accused can flow a miles better court docket.

Answer 3

Why don't you make your question more clear?

Accused can be discharged at the time of framing of charges.

Answer 4

State of Bihar v. Ramesh Singh (AIR 1977 SC 2018) is the benchmark judgment on Discharge, if you are interested. You can get it free of charge on judis.nic.in