The Law Relating To Discharge Under Criminal Law: Procedural Discourse And The Application

The Law Relating To Discharge Under Criminal Law: Procedural Discourse And The Application Of Judicial Mind

Rakesh P.S., Research Scholar, School of Legal Studies, CUSAT, Kochi &

Dr. Harigovind P.C., Assistant Professor, School of Legal Studies, CUSAT

ABSTRACT

Criminal law addresses instances of public disorder and violation of personal liberty in every society. A criminal complaint basically instigates the state to take up violations of fundamental rights as well as matters addressing public order. It is the responsibility of the state as well as the court to judiciously take up and respond to a criminal complaint. State inaction on criminal complaints can be expected in a democratic society. Any judicial body not appreciating a criminal complaint on technical grounds will be a symbol of greater injustice. Decisions on discharge of complaint, withdrawal of prosecution, compounding of offences etc., should be done meticulously by the state and by the judiciary. Discharge of complaint on trivial reasons is nothing but gross injustice. In case of cognizable and heinous offences, if judiciary tend to disown a complaint in sake of jurisdictional non- compliance, it will be causing greater harm to the victim of the crime. There are judicial decisions on similar lines even from the Supreme Court. This article attempts to critically analyse and highlight the need for more judicious act from the part of judiciary; especially higher judiciary in situations like discharge of the complaint.