Discharge
Discharge
from custody
When
an accused is discharged in pursuance of a final report by the police, it means
that the accused has been discharged from custody under section 500 of the Code
and not discharged from the case. In such a case the second prosecution is
permissible in law as the order was not passed on merit. A Magistrate is
competent to take cognizance on the basis of a naraji petition or a fresh
complaint. An order of discharge of the accused from custody at the instance of
police does not operate as a bar in taking cognizance against the discharged
accused-Cr.P.C, S. 500
Nurul
Huq Vs. Bazal Ahmed and 3 oth- ers, 15BLD(HCD)231
Ref:
30DLR344; 29 DLR(SC)256 Cited
Discharge
Section
241A of the Code of Cr.P.C pro- vides that when the accused appears or is
brought before the Magistrate and if upon consideration of the records of the
case and after giving the prosecution and the accused an opportunity of being
heard, the Court considers the charge to be groundless, he shall discharge the
accused while section 265C Cr.P.C. provides that in a trial before a Court of
Sessions, if upon consideration of the records of the case and after hearing
the accused and the prosecution in this behalf, the Court considers that there
is no sufficient ground for proceeding against the accused, it shall dis-
charge the accused.
Iftekharul
Alam Vs. The State and another, 15BLD(HCD) 188
Discharge
A
Magistrate acts in his judicial capacity while discharging an accused on the
basis of a final report submitted by the police. Serajuddowla Vs. Abdul Kader
and an- other 13BLD (AD)94
Ref:
A.I.R.1979(SC)777;AIR. 1941(Bom) 294; 29DLR(SC) 256-Cited
Discharge
When
prima facie there is no material on record to show that the accused was in any
way connected with the alleged offence it is to" be held that there is no
sufficient ground for proceeding against the accused and he should be
discharged-Cr.P.C. Sections. 265C and 265D
The
State Vs. Khondker Md. Moniruz- zaman, 17BLD (AD) 54
Discharge
Section 265C and section 241A of the Cr.P.C are two independent sections which
deal with discharge of an accused brought for trial in respect of cases triable
by a Court of Sessions and by a Court of Magistrate. These two sections
indicate that when an accused is brought for trial before a Court of law, the
Court upon hearing the parties and on consid- eration of the record of the case
and the documents may discharge the accused. These two sections have nothing to
do with quashing of a proceeding. Section 561A is an inde- pendent inherent
power of the High Court Division and this power can be exercised in case of
abuse of the process of Court and for securing the ends of justice and or to
give ef- fect to any order under the Code.
Latifa
Akhter and ors vs. The State and another, 19BLD (AD)20
Discharge
The
prosecution case as set out in the pe- tition of complaint discloses prima
facie in- gredients of the offence alleged. The exact nature of the offence
against the accused peti- tioners can only be thrashed out upon a trial to
scope for discharge-Cr.P.C; Sections- 241A/265C
Gazi
Mozibul Huq & ors. Vs. Abid Hossain Babu, 19BLD (AD) 265
