When Accused Is Discharged

If, upon due consideration of the police report and all the documents sent under Section 173 along with examination of the accused, if any, as Magistrate thinks obligatory and after hearing prosecution as well as accused, the Magistrate considers the charge to be groundless against the accused, he shall discharge the …

Is discharge of an accused a Judgement?

The right of an accused to seek discharge before framing of charges in a criminal case is ‘valuable’, the Supreme Court has held in a judgment. “The trial court while considering the discharge application [of the accused] is not to act as a mere post office,” a three-judge Bench led by Chief JusticeN. V. Ramana said.

What is difference between discharge and acquittal?

Acquittal is a verdict in the criminal case that the accused is not guilty of the offence. On the other hand, discharge is an order given by the Magistrate that there are not enough grounds to lead the proceedings further against the accused.