Querist :
Anonymous
(Querist) 08 July 2011
This query is : Resolved
Actually Difference between Quash Petition or application & Discharge Petition or application. As we known that the only HC has the power to Quash the application or petition under section 438 of the Crpc, 1973 but section 227 of the crpc, 1973 is governed for discharge application or petition.
The basic difference between quash & discharge.
For Wrong FIR against the person than he can approach the HC Under section 438 of the Crpc, 1973 for quash of FIR popularly known as Quash Petition. But Discharge Petition is used for which purpose.
Is there any point which says that Discharge petition can only be filed if this point comes?
At which stage discharge petition can be filled & at which stage court has the power to dimiss the discharge petition.
More to understand the discharge petition when to file at which stage & when can be filed do give me the case if any sir Pls.
lingraj maradi
(Expert) 28 July 2013
one correction FIR quashing application is before HC in under section 482 of Cr.P.C no the section 438 and discharging application filed before the same court in which the trial has fixed.
thanks
prabhakar singh
(Expert) 28 July 2013
Expert lingaraj maradi seems unaware of the fact that anonymous and academic queries are not attended here.Nor do we provide judgements on demand.
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