Quash or discharge

Ranganath (Querist) 20 July 2009 This query is : Resolved
Ld Counsels,

Which is a better way to challenge a charge-sheet in a magistrate court. Should I try Quash or Discharge. The nature of accusations are not grave. Prima facie the case appears weak.

Also is it required for the accused to be present in court during the hearing
for discharge petition in a warrant triable case. The case status is summons have been issued for first appearance.

Kindly let me know if migistrate has powers to add more section even after
charge-sheet is filed.

Please clarify.
Thanks

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Sarvesh Kumar Sharma Advocate (Expert) 21 July 2009
when summons have been issued for first appearance then in which procedure you are
challenging a charge-sheet before magistrate court.
better to go to quash in hon.High Court.

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