Discharge Application Legal Draft

Summary

A discharge application under Section 227 of the Code of Criminal Procedure, 1973, is used to seek discharge from criminal charges when there is insufficient evidence. The draft should include an introduction, facts of the case, grounds for discharge, and a prayer for relief. In this example, the accused seeks discharge in an ACB case due to lack of prima facie evidence, insufficient materials in the chargesheet, and the acquittal of a co-accused. The application argues that the accused does not fall under the category of public servants as defined by the Prevention of Corruption Act and emphasizes the principles of natural justice and fair trial.

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make a perfect legal draft of Discharge application under section * of the code of criminal procedure code for uploaded pdf
Certainly! Here is a refined legal draft for a Discharge Application under Section * of the Code of Criminal Procedure, *:
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IN THE HON’BLE CITY SESSIONS COURT (SPECIAL COURT FOR ACB CASE), AT AHMEDABAD
ACB Case No. */*
In the Matter Between,
The State of Gujarat
...Complainant

Versus

Jignesh Jyantibhai Dodia
...Accused
SUBJECT: APPLICATION FOR DISCHARGE UNDER SECTION * OF THE CODE OF CRIMINAL PROCEDURE, *
MOST RESPECTFULLY SHEWETH:
*. Introduction:
- The Accused, Jignesh Jyantibhai Dodia, seeks discharge in ACB Case No. * of * arising from FIR No. * of * registered with Ahmedabad City A.C.B. Police Station for alleged offences under Sections *, *, and *(*) of the Prevention of Corruption Act, *, as amended in *.
*. Facts of the Case:
- *.* The Accused is alleged to have received a bribe from the complainant.
- *.* The bribe was purportedly intended for the second accused, Nikul Pravinbhai Maru, a police sub-inspector.
- *.* The ACB filed a summary report recommending acquittal for the second accused, which has been granted.
*. Grounds for Discharge:
- *.* Lack of prima facie evidence against the Accused for receiving a bribe for personal gain.
- *.* Insufficient materials in the chargesheet to prove intent or motive for the alleged offence.
- *.* The Accused, being a blacksmith, does not fall under the category of public servants as defined by the Prevention of Corruption Act.
- *.* Acquittal of the second accused indicates lack of credible evidence.
- *.* Principles of natural justice and fair trial necessitate discharge due to absence of substantive evidence.
*. Prayer:
- The Accused respectfully prays for:
- a) Discharge from all alleged offences in this case.
- b) Any other order(s) deemed fit in the interest of justice.
Date: *.*.*
Place: Ahmedabad
JIGNESH B. BAROT,
ADVOCATE FOR ACCUSED
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This draft is structured to clearly present the facts, legal grounds, and the prayer for discharge, making it concise and effective for submission.