Remedy if application for discharge not considerd

Raj (Querist) 28 August 2013 This query is : Resolved
Sir, In 498-A case if the magistrate refused to admit or entertain the application for discharge whether application u/s 482 can be filed before the High Court for issuing directions to the trail court to admit the applcation and decide the case on its merits for discrging the co family members of the accused husband??

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M.Sheik Mohammed Ali (Expert) 28 August 2013
yes, you have rights to file 482 before the high court.

Raj (Querist) 28 August 2013
Sir, 482 is meant to prevent teh abuse process of law if the magistrate doesnot entertain the application under section 239 then under 482 the hiogh court stright awy issue directions to the court to decide the application of 239 on its merits??

Devajyoti Barman (Expert) 29 August 2013
No. it would see whether the order of Magistrate is bad in law. To gate extra chance you may file revision in sessions court and then quashing in high court.

Raj (Querist) 29 August 2013
Sir,
Can we file the revision application for not entertaining the application for discharge or shall we move to high court u/s 482 for issuing directions to the magistrate to entertain the application of discharge and decide the application on its merits??

Because I suppose u/s 482 we can only go for quashing rather than for directions to eneratain application under section 239 CrPC??