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Summon case under IPC 323 Summon case under IPC 323

5 years ago

I have received a summon in 323 case by court and I have appeared and took bail. It has been already 4 months and now case stage is " Evidence before Charge". My question is:

1. Can discharge application be filed in Summon case also under Crpc 245 or discharge is only for warrant cases ?

2. One of the lawyer told me I could have gone for revision in session court using Crpc 397, but now since 90 days period has passed, now I can't. So, in upcoming stage, is there any stage where I can again approach sessions court for revision using Crpc 245 ?

Suneel Moudgil

Responded 5 years ago

A.it is correct that discharge application is filed in Summon case under Crpc 245 and not in warrant cases but there are a lot of Court judgment which says the court can discharge the matter at any stage if it seems that accused has been falsely and wrongly implicated, therefore, I suggest you go for filing discharge application.

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