Discharge--Criminal Proceedings--Accused Discharged for Lack of Evidence Stands on Better Footing Than Acquitted Accused and Cannot Be Subjected to Disciplinary Proceedings
Discharge at the pre-trial stage, for lack of evidence to even frame charges, places an accused on a better footing than acquittal after a full trial. Discharge signifies that no material exists against the accused to warrant trial. An accused who is discharged is entitled to all benefits available to an acquitted person and cannot be placed in a less advantageous position. Initiation of disciplinary proceedings against a discharged accused, on the reasoning that discharge is neither acquittal nor conviction, is legally fallacious.
