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thirumala1 (yyyyyyyyyyyyyyyyyy)     20 March 2019

Quashing/ discharge

Hello Experts of this Forum

I m the sufferer of 498A criminal proceedings.(one of the five accused )

FIR and chargesheet filed by the police . Now my query is whether i should go for quash proceeding in High court or discharge petiton in trial court or whether it is permitted to intiate both the proceedings simultaneously in HC and trial court?

Here the chargesheet have been filed without serving 41 a crpc notice to the accused and section officer has returned the chargesheet with remark stating " notice not served hence chargesheet returned" now after serving notice they are resubmitting the chargesheets without  any investigation.

on the above ground  can i knock the door of the HC to quash proceedings against all the accused even after filing chargesheet?

I humbly request all the experts of this group to kindly give your advise on the above case.

 

Thanking you all for your valuable suggestions/help/directions/ opinions/instructions/  advise.



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