Double prayer while quashing
mycent
(Querist) 08 August 2013
This query is : Resolved
Dear Ld fraternity,
Need your guidance on my query.
In a case of false 498a, congnizance has been taken & thereafter A1 (main accused) has filed Discharge petition which was rejected by the trail court.
1). Should A1 proceed for quashing the case challenging the discharge(rejection) order or he can still move for quashing against Congnizance order (considering that discharge has been rejected)
2). Can A1 make 2 prayers in the same quash petition i.e either quash the case on a,b,c grounds or transfer the case to proper jurisdiction.
Your expert inputs is highly obliged.
- mycent
lingraj maradi
(Expert) 09 August 2013
rejection of discharge application is not final order and you have all opportunity to challange the same before high court through criminal petition u/s 482 IPC.
if you want to transfer the case one court to another court if you file before High Court read section 407 of Cr.P.C if meove before Sessions Court read 408 of Cr.P.C and file separate application for that purpose.
Rajendra K Goyal
(Expert) 09 August 2013
You may challenge the rejection of discharge and change of court application in High Court.
mycent
(Querist) 09 August 2013
Thanks Lingraj ji & Rajendra ji.
Can I make both the prayer to the High Court (i.e quashing / transfer) us/ 482 Cr.P.C?
Devajyoti Barman
(Expert) 09 August 2013
Yes, you ca do so.
Challenge the order in high court anyway u/s 483 crpc.
mycent
(Querist) 10 August 2013
Thx barman ji !
