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Discharge Application (Section 227 or 245 CrPC) (India) by OLL
Open Legal LibraryUpdated 19 Oct 2026
Prefer the original wording?
Discharge Application section 227 or 245 of CrPC, 1973
SHORT TITLE
BEFORE THE METROPOLITAN MAGISTRATES / MAGISTRATES COURT AT _______
OR
HON’BLE SESSIONS COURT AT ______
C.C. No. ……….. of 20___
ABC Applicant /
Accused No.1
Versus
The State of Maharashtra
(through XYZ Police station)
Charges u/ss ___________
APPLICATION FOR DISCHARGE U/S 227 / 245 of CrPC, 1973
MAY IT PLEASE YOUR HONOUR
[Discharge Application before Sessions Court u/s 227]
1. The Applicant states that one Mr. PQR filed an FIR before ________ Police Station and was registered as C.R.No. _____ of 20___.
2. The Applicant states that pursuant to said FIR, the Applicant was illegally arrested on _______(if there is any arrest), and the Applicant was charged under sections of ___________.
3. The Applicant was remanded to Police custody and judicial custody from time to time. (if arrest is effected).
4. The Police have filed the Chargesheet u/s 173(8) of CrPC on _____ before the Ld. Magistrates Court ____ at ______.
5. Section 209: Commitment of case to Court of Session when offence is triable exclusively by it: When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate, and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall commit (transfer), the case to the Court of Session, subject to compliance of sections 207 or 208, as may be applicable.
[Discharge Application before Magistrates Court u/s 245]
1. The Applicant states that, pursuant to Complaint filed by the Respondent No.2 u/s 200 of CrpC, 1973, this Hon’ble Court were pleased to take the cognizance of the offence and were pleased to issue Summons / Warrant against the Applicant / accused herein.
6. 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 and the evidences furnished in support of the same, 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 there are no evidences adduced against the Applicants, and therefore there were no sufficient grounds to proceed against the Applicants, and therefore, the essential requirement of law set out in section 204 of CrPC, 1973 is not satisfied;
e) That the evidences adduced against the Applicants are so weak and grossly inadequate to call the Applicants to face criminal prosecution;
f) That requirement of law contemplated u/s 202 of CrPC, 1973 is not complied with;
This is a preview. The full template is free on GitLaw.
This template provides a standard format for an accused individual to apply for discharge from criminal charges in an Indian court. It includes sections for both Sessions Court and Magistrates Court proceedings, outlining legal grounds such as lack of evidence or failure to establish a prima facie case.
About this template
What is this template?
This document is a formal criminal court filing used in the Indian legal system to request that a judge dismiss charges before a trial begins. It contains specific grounds for dismissal such as the absence of a prima facie case and is not a bail application or a quashing petition for the High Court.
When should you use it?
Use this application after a charge-sheet has been filed under Section 173(8) or a summons has been issued but before the court frames formal charges. Use a Petition to Quash FIR if seeking relief from the High Court instead of the trial court.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Paragraphs 1-4 | Background of the Case | Identifies the FIR or complaint number, the police station involved, and the sections of law under which the Applicant was charged. |
| Section 209 | Commitment of Case | Recites the procedural requirement for a Magistrate to transfer a case to the Sessions Court when an offence is triable exclusively by it. |
| Paragraph 6 | Grounds for Discharge | Lists seven legal grounds for discharge, including the failure of allegations to constitute an offence and lack of evidence under Section 204. |
| Paragraph 7 | Prayer | Formally requests that the Hon’ble Court discharge the Applicant from the alleged offences based on the stated grounds. |
Who it's for
- an accused person in India seeking discharge from a Sessions Court under Section 227
- an accused person in India seeking discharge from a Magistrate Court under Section 245
- legal practitioners representing individuals against whom a charge-sheet or private complaint has been filed without sufficient evidence
How long it runs and how it's signed
How long
Used once
Signed by
Applicant, Advocate for the Applicant
Witness
Not required
Notarisation
Not required
Also needed
Serve two copies upon the Public Prosecutor; Attach Vakalatnama and Synopsis; File with the court's clerk
Law it's drafted under
Governed by
CrPC, 1973
Refers to
Section 227
Refers to
Section 245
Refers to
Section 173(8)
Refers to
Section 202
Refers to
Section 204
Categories
Jurisdiction
India
Document info
MS Word. Document created on Wed Jul 22nd, 2026. Last updated on Mon Oct 19th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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