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Kundan Lal (software engg)     21 February 2017

Discharge revision petition or quash

Dear experts,

We filed for discharge petition for relatives in lower court. Lower court did not discharge the relatives. Also, framed charges on them under 498a/34. I approached a lawyer in high court for quashing. However, my lawyer in criminal court suggests to apply for revision petition in session court prior to approaching high court for quashing. My lawyer in lower court opinion is that high court may refuse to entertain the quash petition as session court is not approached prior to that. Kindly suggest if I should apply for quash or should I go for revision in session courts. The allegation on my relatives is that have beaten my wife on dowry demand whenver they visited us. There are no dates or place mentioned in those allegation. It is just one sentence for each relative of mine.

 

Thank you

Kundan lal



Learning

 8 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     21 February 2017

Sir, 

 

Anything will do I believe, but first prefrence is to be given to the revision. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

1 Like

Sachin (N.A)     21 February 2017

In my opinion you should direcly approach HC as chances of success of revision petition is vey less and almost nil. Moreover if you approach HC u/s 482 CrPC HC will not ask you to go to session court as only HC can entertain such petition

1 Like

Sri Vijayan.A (Legal Consultant)     21 February 2017

Criminal Revision Petition can be filed in Sessions Court or High Court. Both the Courts Have concurrence jurisdiction for CRP. 

The Quash is the inherent power of the High Court. Sometime, the High Court may fix time frame for disposing the trial in the lower court. If you are confident that no case is made out against the accused which is apparent on the face of the record, you file petition for quash. otherwise you please file revision petition in High Court. 

I think, you have 90 days to file revision petition. So collect all evidences, records, then proceed.

 

It is the general opinion that the accused/ charged shall follow the discharge technique in order to procrastinate the case. So Courts may NOT allow the accused to file any documents at the time of discharge/ revision petition. Moreover, if documents are allowed on petitioner/ accused side, it will become a mini trial. So High Court may ask you to face the trial.

However, if, on the face of the documents which are beyond suspicion and unrebuttable, placed by the accused, accusations against him cannot stand, it would travesty of justice if the accused is relegated to trial and he is asked to prove his defence before the trial court.

 

So make some ground work before filing the petition.

Good Luck.

Chennai 94440 48547

1 Like

shrenik (lawyer)     22 February 2017

Very hard to discharge Prima facie court belives statment of womens Better complete the trial fast Easily you will be aquited Just dont worry
1 Like

Kundan Lal (software engg)     22 February 2017

thank you everyone for your valuable inputs.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 February 2017

It depends on the factor whether you have a good prima-facie ground for discharge or not. Discharge and Quash both happens on legal grounds. You can read about both in following links

https://www.shoneekapoor.com/discharge-petition-crpc-239/

https://www.shoneekapoor.com/quash/

Now depending upon under which category your case fits in, you can either go for revision of quashing. However, certain High Courts don't entertain quash petition after charges have been framed. That should be another factor for your decision making,

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 February 2017

immediatley file the quashing petition before the high court because the revisional court have limited power but high court have inherent power U/s 482 of Cr.P.C. and the high court may used that power and if your case is fit for quashed then the high court may pass an order for quashing the FIR and proceedings against you and other relatives who are not directly involved in the matter or reside seperately from since long.

 

Feel Free to Call

1 Like

Shani sharma   16 July 2017

Sir, Should he go for Appeal against the order in Session court or Revision in Session court.........which of the two option is ideal. please help


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