Application for discharge — s.250 / s.262 BNSS (s.227 / s.239 CrPC)

दस्तावेज़

In the Court of the Learned ________________, ________________

Case No. ________________
State v. ________________
FIR No. ________________ dated ________________, Police Station ________________; Sections: ________________

APPLICATION FOR DISCHARGE ON BEHALF OF THE ACCUSED

Made under: Section 250 (Court of Session — within 60 days of committal) or Section 262 (warrant case before a Magistrate — within 60 days of the supply of documents) of the Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 227 / 239 of the Code of Criminal Procedure, 1973].

The accused respectfully submits:

1. The police report and the documents with it were supplied to the accused on ________________. This application is made within 60 days of that date.

2. Even taking the material on record at its face value, there is no sufficient ground for proceeding against the accused, because:
________________

3. At the stage of framing charge the Court considers whether a prima facie case is made out; where the material gives rise to suspicion but not grave suspicion, the accused is entitled to be discharged (Union of India v. Prafulla Kumar Samal, (1979) 3 SCC 4).

PRAYER: It is prayed that the accused be discharged in this case.

Accused / through counsel
________________
Place: ________________
Date: ________________