After 239 crpc can the court still drop charges when in 240 crpc
Katta Jagadish
(Querist) 13 April 2016
This query is : Resolved
We were 9 accused in a case , A1 , A5 , A6, A9 filed discharge petition under 239 Crpc and the Trail sessions Judge rejected their Plea and ordered for framing for charge .
As it stood thus the four aggrieved accused knocked the high court doors under recessional powers and the High court had admitted the case and Lcr were called for .By then A3 had filed a 482 to quash the proceedings as the FIR was contrary to law as it is SECOND fir and is not persimible under law as Lalitha Kumari , Anju Choudary , Amith Shah and others as held by Supreme court .The High court allowed the petition of accused 3 As it stood thus the Criminal revision petition was moved by the one of the accused on the ground the Fir being held bad in law they may be discharged from the case . can the remaining accused file a petetion under 239 as they were not heard or should they oppose charge under 240 CRPC . Any citations regarding this welcome please
Devajyoti Barman
(Expert) 14 April 2016
sorry citations are not supplied here.
If it is second FIR then quashing is best option.
Rajendra K Goyal
(Expert) 14 April 2016
Full case file need to be referred, discuss with your lawyer.
Citation not provided in this section.