swagath (md) 13 October 2012

After discharge application

ha i filed a dischrge application under sec 227 of crpc which was rejected without giving any eason and saying that a primafacie case made out as the wife is the complainant

Now i filed for quashing of the order of rejecting the discharge application the scrutiny branch at high court have objected that i should go for revision

but i said i can go for both it is left to me

now they are posting it on board on office objection

now i have to argue for maintainability at high court of karnataka

kindly suggest me that quash is maintainable.

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LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 13 October 2012

Your discharge application is immature and hence rejected and so will be action at HC.

Still you feel substance you should withdraw the QUASH at HC and go for revision at sessions court.

So that you will HAVE one more opportunity to go to HC after sessions court revision which will also be dismissed., because this is not the stage.

YOU CAN HOWEVER GO FOR CANCELLATION OF ISSUE OF PROCESS IF YOUR ARGUMENTS ARE STRONG AND CAN DEMOLISH THE PLEADINGS IN COMPLAINT. MERELY SAYING THAT THE OTHER SIDE IS WRONG CAN NOT MAKE ANY CASE AGAINST IT.

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swagath (md) 13 October 2012

SIR MAY CASE WAS AT SESSIONS COURT REJECTED BY SESSIONS COURT ONLU SO I CANNOT GO FOR REVISION AT SESSIONS COURT REVISION IS AT HIGH COURT ONLY BUT I FILED QUASH AT HIGH COURT NOW THEY SAY IT IS NOT MAINTAINBALE I ARGUE THAT IT IS MAINATAINBLE NOW I HAVE TO ARGUE ON THE MAINATINABILITY FOR QUASH KINDLY SUGGEST

After discharge application

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