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swagath (md)     06 November 2012

Revision or quash

i had filed for Discharge under 227 of crppc which was rejected now i filed for quashing of the order at Karnataka high court under 482 but the office objection had been done on maintainability that i should have filed 397

my contentio was both can be filed. is any citation for ref or it is only revision i have to file.


 1 Replies

Suhail Malik (Standing Counsel Supreme Court )     06 November 2012

Only a revision is maintenable against an order framing charge as there is a specific provision for the same in Section 397 of Cr.P.C. Inherent powers of the High Court under Section 482 can only be invoked if there is no other remedy provided in the code.

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