BEFORE THE LEARNED SESSIONS COURT AT JAIPUR

I.A……..of 2020
C.C. No. ……….. of 2018

IN THE MATTER OF:-

The State of Rajasthan (through Mahesh Nagar Police station, Jaipur)
Versus
Mahesh

APPLICATION FOR DISCHARGE U/S 227 of CrPC, 1973 ON

BEHALF OF ACCUSED

MOST RESPECTFULLY SHOWETH:

1.       The Applicant states that one Mr. Vijay filed an FIR before Mahesh Nagar Police
Station u/s 304-B and was registered as FIR No. 183 of 2017.

2.       The Police have filed the Chargesheet on 15.08.2016 u/s 498-A & 306 IPC.

3.       That pursuant to said FIR, the Applicant was illegally arrested and charges are
amended by Hon’ble High Court in the revision Petition as under sections 302,
304-B, 498-A.

4. That the Section 227 empowers the Judge to discharge an accused at any stage if
after consideration of the documents and records submitted against the accused
and after hearing the prosecution and accused, the judge finds that there is no
sufficient ground to proceed against the accused. The section aims to ensure that a
person is not harassed unnecessarily by the means an unnecessary prolonged
 criminal trial. In Sushil Ansal v. State, 2002 Cr LJ 1369 (Del) it was held that an
order of discharge may be passed only where the Court is almost certain that there
is no prospect of conviction and that the time of the Court need not be wasted by
holding a trial. The Court while discharging an accused is required to record the
reasons for such discharge.

5. That in Perm Kumar v. the State of Karnataka 1994 Cr LJ 3641 (Knt)., it was held
that before framing a charge, the Court should properly evaluate the material and
documents placed before it and apply its mind to find out whether any fact in the
FIR or statements of witnesses disclosed the ingredients of the alleged offence. As
per section 228 (2) of Cr.P.C., every charge framed shall be read and explained to
accused. In Suresh Kumar v. State of Uttar Pradesh, 2002 Cr LJ 1852 it was held
that an accused is entitled to a copy of the statement of the complainant before
framing the charge.

6. The application is made bonafide and in interest of justice.

7.       The Applicant, therefore, most humbly, prefer this Discharge Application, on the
following grounds –
GROUNDS

a) The allegations made in the complaint, even, if they are taken at their face value
and accepted in their entirety do not prima facie constitute any offence;

b) The allegations made in the complaint do not disclose the commission of any
offence by the Applicants, and do not make out any case against the Applicant;
c) That there are merely general allegations against the Applicants, without any
specific attribution of incriminating acts and omissions, and the whole complaint
against the present Applicants is based on speculation of facts, assumptions,
imaginations and guessing.

d)  That even the medical report suggest that the there were no sufficient grounds to
proceed against the Applicants and to call the Applicants to face criminal
prosecution.

PRAYER
In the view of the above, the Applicant would therefore, most humbly pray to this
Hon’ble court for

a)      That this Hon’ble Court be pleased to discharge the accused from the alleged
offences, on the grounds as stated hereinbefore.

b)      To pass such other and further Order and to grant such further reliefs as this
Hon’ble Court deems fit and proper in the interest of Justice.

Filed By
Applicant
Through
S/d: Advocate for the Applicant
Place: Jaipur
Date:…02.2020
 BEFORE THE LEARNED SESSIONS COURT AT JAIPUR
I.A……..of 2020
C.C. No. ……….. of 2018
IN THE MATTER OF:-
The State of Rajasthan (through Mahesh Nagar Police station, Jaipur)
Versus
Mahesh

AFFIDAVIT

I, Mahesh aged about 30 years resident of Mahesh Nagar, Jaipur Rajasthan, do

hereby solemnly affirm and state on oath as follows:

1. That I am the applicant in the above mentioned matter and am well conversant
with the facts of the case and am competent to depose this affidavit. I have filed
the above Application seeking prayers more particularly mentioned in the
Application.

2.    That I, for the sake of brevity, repeat and reiterate each and every statement,
submissions and contentions made in the Application as if the same are
specifically set out herein and form part and parcel of this affidavit. I affirm and
verify the correctness of the each and every statement, submissions and
contentions as set out in the Application before this Hon’ble court.

3. That I further say that, facts which are set out in the Application at Paras 1 to 7 and
grounds (a) to (d) are true and correct to my knowledge and the grounds taken in
the application are the legal submission before this Hon’ble Court.

4. That the applicant has not filed any other application for similar relief.

DEPONENT
 VERIFICATION

I swear that contents of my above affidavit are true and correct to my knowledge

and the information derived from the record of the case and nothing material is

suppressed or concealed thereform.

Verified at Jaipur on this………..day of February, 2020.

DEPONENT
 BEFORE THE LEARNED SESSIONS COURT AT JAIPUR
I.A……..of 2020
C.C. No. ……….. of 2018

IN THE MATTER OF:-

The State of Rajasthan (through Mahesh Nagar Police station, Jaipur)
Versus
Mahesh

APPLICATION U/S 315 ON BEHALF OF ACCUSED TO BE PRESENT AS

WITNESS

MOST RESPECTFULLY SHOWETH:

1. That the said section enables the accused person to personally move an
Application or make a formal request, before the concerned Court, to allow him to
make due representation before the Court, for to present to the Court any credible
evidence he has to show his innocence, or for to impeach the credibility of
evidence appearing against him in the Complaint or Charge sheet, and seeking
immediate acquittal.

2. That the accused most respectfully urge the Hon’ble Court to exercise their powers
u/s 313(1)(a) of CrPC, 1973, and be pleased to permit the accused to show
palpable infirmity in the purported evidences relied upon by the Complainant.
3. That The accused would submit that Section 313 of CrPC, 1973, appears to be
most salutary provision to protect innocent persons who are falsely charged /
accused as having committed an offence.

4. That if the court is satisfied, he may acquit the accused person, without any trial,
of course, after giving an opportunity of hearing to the Complainant / State
prosecution. The court may also impose heavy cost u/s 250 of CrPC, 1973, upon
the Complainant / State prosecution, for making false complaint or for suppressing
material facts / documents.

5. The power to examine the accused is provided in Section 313 Cr.P.C. which reads
as under: - Power to examine the accused.-
(1) In every inquiry or trial, for the purpose of enabling the accused personally to
explain any circumstances appearing in the evidence against him, the Court-
(a) may at any stage, without previously warning the accused put such questions
to him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before he
is called on for his defence, question him generally on the case:
And the said powers may be exercised at any stage of the inquiry or trial

6. That there are two kinds of examination under Section 313 Cr.P.C. The first under
Section 313 (1) (a) Cr.P.C. relates to any stage of the inquiry or trial; while the
second under Section 313 (1) (b) Cr.P.C. takes place after the prosecution witnesses
are examined and before the accused is called upon to enter upon his defence. The
former is particular and optional; but the latter is general and mandatory.
7. Thus, the Applicant is preferring this application to make due representation before
the Ld. Court, to show his innocence and the case which was falsely implicated
against him.

8. The application is made bonafide and in interest of justice

PRAYER
In the view of the above, the Applicant would therefore, most humbly pray to this
Hon’ble court for

a)      Allow this application and may allow the accused to represent himself before this
Hon’ble Court.

b)      To pass such other and further Order and to grant such further reliefs as this
Hon’ble Court deems fit and proper in the interest of Justice..

Filed By
Applicant
Through
S/d: Advocate for the Applicant
Place: Jaipur
Date: …..02.2020
 BEFORE THE LEARNED SESSIONS COURT AT JAIPUR
I.A……..of 2020
C.C. No. ……….. of 2018
IN THE MATTER OF:-
Mahesh
Versus
The State of Rajasthan (through Mahesh Nagar Police station, Jaipur)

AFFIDAVIT

I, Mahesh aged about 30 years resident of Mahesh Nagar, Jaipur Rajasthan, do

hereby solemnly affirm and state on oath as follows:

1. That I am the applicant in the above mentioned matter and am well conversant
with the facts of the case and am competent to depose this affidavit. I have filed
the above Application seeking prayers more particularly mentioned in the
Application.

2.    That I, for the sake of brevity, repeat and reiterate each and every statement,
submissions and contentions made in the Application as if the same are
specifically set out herein and form part and parcel of this affidavit. I affirm and
verify the correctness of the each and every statement, submissions and
contentions as set out in the Application before this Hon’ble court.
3. That I further say that, facts which are set out in the Application at Paras 1 to 7 and
grounds (a) to (d) are true and correct to my knowledge and the grounds taken in
the application are the legal submission before this Hon’ble Court.

4. That the applicant has not filed any other application for similar relief.

DEPONENT

VERIFICATION

I swear that contents of my above affidavit are true and correct to my knowledge

and the information derived from the record of the case and nothing material is

suppressed or concealed thereform.

Verified at Jaipur on this………..day of February, 2020.

DEPONENT