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Victim of law abuse (Manager)     21 July 2014

Partially quashed complaint

Complainant filed a private criminal complaint accusing under sections 420, 406, 427, 477. High court quashed section 420 before the trial started. For the other sections, the high court said : at this stage it cannot go into details and come to one conclusion or other and it is up to trial court to decide after full trial.

This is a fraudulent case. Complaint was filed in 2006 and trial is starting now. Complainant is harassing us by making us attend the court every month for last 4 years.


Once the trial starts, can I approach High court again to quash rest of the sections after more evidences are gathered? When is the best time to file for quash? After the charges are framed? Can I file a discharge petition before the charges are framed? What are the options available?





 2 Replies

Nadeem Qureshi (Advocate/     21 July 2014

Dear Querist at the time of framing the charge you have right to argument on charge with all aspect, you can file a discharge application with all your point.if the court frame the charge after your argument then file a revision before higher court against the charge framing by trial court.

Feel Free to Call

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Kapil Chandna (Lawyer at Supreme Court of India)     21 July 2014


I think after the charge sheet has been filed, then the court frame charges and begin with the trial, at that stage only you better argue the case well or you are are so confident then, the prosecution will not be able to prove their case and it will fall down by himself.

Advocate Kapil Chandna



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