Discharge of an Accused / Discharge Report

According to section169 of crpc

If upon an investigation under this chapter it appears to the officer in charge of Police station or to the Police officer making the investigation that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate such officer shall if such person is in custody release him on his executing a bond with or without sureties as such officer may direct to appear if and when required before Magistrate empowered to take cognizance of the offence on a Police report and to try the accused or send him for trial.

In Police parlance it called discharge, there only an accused is released from the custody due to deficiency of evidence or non-availability of in criminative material against him. It is a temporary release neither the case is cancelled nor the investigation is stopped. Investigation officer can re investigate even again the discharged person without the permission of the magistrate, but cannot re arrest the accused without the prior permission of the magistrate.

Procedure of Dischargi

1, Police officer can prepare a discharge report under section 169 crpc and produce the same along with the accused before the magistrate and make a request for discharge of the accused, magistrate again has to options.

First, to agree with the police report and release the accused.

Second, to disagree with the police report and send the accused to judicial lock up.

2, Magistrate can himself discharge the accused under special order as contemplated by section 63 crpc at the time when police officer or produce the accused for physical remand under section 167 crpc. Normally magistrate passes special orders for the persons apprehended under section 54 crpc.

Grounds of Discharge

There is only one ground of discharge deficiency of evidence or in criminative material is not found against the accused, it is temporary release neither the case is cancelled not the investigation is stopped, whereas cancellation of case has different grounds,

1, If the case is found to be maliciously false or false owing to mistake of law or fact.

2, Or the case is non cognizable

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