venkat rao 26 December 2015

False 323&506 case

Dear sir/madam. Recently my uncle injured due to throwing stones on him and beaten him by some other person.Head injury also happens to him.My uncle immediately went to police station to lodge a complaint. Other person having political background so he also lodged complaint against my uncle. Both cases are filed and FIR and charge sheet submitted to court under 323 &506 IPC.In the charge sheet SI indicated that both people quarrel each other and injury happened. Without my uncle mistake he is attending court now.Some people suggesting quash in HC and some are suggesting discharge Petition. Please suggest me which is better for this Case? At present case is in Taluka court?If it is discharge Petition where I have to file?

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4 Replies

Ompal Aggarwal (Advocate) 26 December 2015

Discharge under section 2

Ompal Aggarwal (Advocate) 26 December 2015

u/s239 Cr.P.C the court may discharge the accused if he is satisfied that there is no reasonable ground to frame charges against the accused. It is generally done after police submit its report u/s 173 n charges are not framed. It is better to prefer application to HC for quashing ofFIR u/s 482