RadheyShyam (Manager) 28 September 2014
We were summoned in a 406 case and we filed a quash petition with high court which was not admitted by court stating that accused have option to pursue discharge after recording of prosecution witness statements. Thereafter we got bail from court and proceedings are going on and prosecution witness statements are still not complete. Lawyer is saying we can file for quash again. Is it ok to file multiple quash applications?
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 28 September 2014
you may but when the court reject the quashing petition with the observation for discharge then quashing will not be succeed,
file a discharge application before trial court, it will be better
T. Kalaiselvan, Advocate (Advocate) 04 October 2014
It is better to avoid approaching high court for the same matter again. You are advised to follow the high instructions in this regard scrupulously.
Ashok, Advocate (Lawyer at Delhi) 04 October 2014
In the circumstances mentioned by you, it is not advisable to file another quashing application in the High Court. Instead, you may file a discharge application in trial court.
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