sankar P (supervisor) 10 December 2015

Can discharge petition allowed when quash in high court?

Dear LCI Experts,

Can Discharge Petition is allowed in Lower court when FIR Quash Petition is pending in High Court

Is it Right as per law

Kindly advice me sir,

Many Thanks,

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6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 10 December 2015

If HC does not impose any stay order and/or the same is not reached to the JM then you can.

However, neither stay order nor Quashing alone nor discharge petition is recommended.

Only quashing with speedy trial is recommended.

Please see my profile links for more information.

SAINATH DEVALLA (LEGAL CONSULTANT) 10 December 2015

In fact, you can file for quash in HC and discharge in trial court, as long as there in no stay on the case from from HC. Having said that, if you are A1, until and unless there are absolutely no allegations against you in the in the case, quash is near impossible. I have seen plenty of A1's who failed to get their 498a quashed. After spending money and time, they did not get the relief.

What grounds are you filing the discharge?

sankar P (supervisor) 10 December 2015

Thanks for the Precious time and Valuable suggestion for all the LCI Experts,

sir I want to file discharge petition tommorrow for the section 452, 294(b), 324 and 506(ii) of IPC and TNPWH act section 4.

The case was filled by my mother-in-law.

As per the 324 concerned the Accident register says NO EXTERNAL INJURIES AND NO BONY INJURY.

For 506(ii) There was contadiction in the statements of the witness that what the Allegations was specified.

Thanks sir

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 10 December 2015

You can go to Criminal Revisional Jurisdiction (401 CrPC) of HC to review those significant flaws.

Use 397 CrPC also and call for the record in HC.

Please see my profile links for more information.

sankar P (supervisor) 14 December 2015

Dear LCI Experts,

Sir I filed Discharge petition before the Judicial Magistrate and it was numbered also. The Magistrate give time to the Public Prosecutor for the Filing of Counter reply.

Now I want to File Cr.P.C Section 340 Application , will it possible at this stage?

Kindly guide me sir,

Many Thanks,

adv.raghavan (Advocate,9444674980) 16 December 2015

Quash in high court is next to impossible. Discharge petition, depends upon the merits and demerits of the case, crpc 340 now it is not at all advisable now and will be dismissed. Try to get positive nod in discharge it self.