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Danney (dir)     10 July 2010

Discharge Application

I would like to know if a case registered u/s 406,409,420,467,468,471 & 120B has been registered and the same was challanged in the Highcourt, Highcourt turn down the case, so now can the accused file the discharge application 



Learning

 10 Replies

Adv. Kareem Khan (Advocate bombay high court)     10 July 2010

Dear, if high court has rejected your quashing petiion u/s 482 of Cr.p.c. stil you can file discharge application under the appropriate provision u/s 239 or 245 of Cr.p.c depends upon the compliant.

 Kareemkhan, Advocate Bombay High Court

1 Like

Anmol Sharma (advocate)     10 July 2010

please understand will a trial court discharge when HC did not give any relief...

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     10 July 2010

No way you will have to face the trial.  LC will not entertain the application for discharge when it is rejected by the high court.

1 Like

Ayub S. Pathan (Legal Adviser)     10 July 2010

Mr.Danney,

I am in agreement with Mr. Rajoo. If not satisfied with his answer or with the order

of The High Court then you can Approch Apex court and Challenge that order.

Ayub S. Pathan, Legal adviser, Mah. State, CID, Pune

1 Like

Danney (dir)     12 July 2010

Dear Sir,

The High Court has given the not to arrest to the accused and turn down the oppositions case not the accused case, as the accused appealed that the Indian Courts has no jurisdiction to try the case as the case the transactions are made out of India

1 Like

Danney (dir)     12 July 2010

Dear Sir,

The High Court has given the favour to the accused and turn down the oppositions case, as the Indian courts have no jurisdiction to try the case.

1 Like

Danney (dir)     12 July 2010

Dear Sir,

The High Court has given the favour to the accused & turn down the opposition, as the findings say that the Indian Courts have no Jurisdiction to try the case, as whateve has happened has happened out side the Indian Courts Jurisdiction

1 Like

Munirathnam (Scientist)     14 July 2010

Hi,

 

Just file Memo in the trial court attaching the High Court order ... Then Trail court discharge you simply.

Normally High Court send the copy of the order passed by it to the trial court. Check whether in order is CC to the lower court or not.

But normally order reached to lower court later some times it may not each. So you better to submit it in trial court. No need to file discharge application.

After receiving the High Court order if trial court do not close the case then file discahrge. Meet high court lawyer for the best guidence.

 

1 Like

Danney (dir)     24 July 2010

Dear Sir,

Can I have your contact details & e-mail so I can make further communication with you.

 

1 Like

Danney (dir)     09 August 2010

Dear Sir,

 

Please let me know is passport office has a right to hold the passport without any court order, only on the basis of police intimation. 

1 Like

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