Sekar 17 December 2017

498a discharge petition in lower court or quash

My 498a, DVC, crpc 125 cases running in state A, I resides in state B (750km away),

My wife filed protest petition to add remaining a2 to a7 after police removed their names, Lower court accepted the petition and ordered to add a2-a7 based on three independent evidences who has given statements against me in their statements but not on a2-a7. My wife, her parents given statements against a2-a7.

Now when I consulted a high court lawyer he suggested to contest in lower court only, he says in quash if high court says something against a2-a7 then it would create problem in lower court.

I have grounds of jurisdiction, no allegations are occurred in state A where the cases are running.

What should I do?

Should I go to lower court for discharge petition?
Should I go to lower court to revise protest petition order? Can I show the grounds of jurisdiction in lower court?
Should I go to high court for quash (for A2-A7)?

Thanks in advance!

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3 Replies

Bhaskar M 17 December 2017

the first thing is to appear through a counsel and then get the knowledge on what basis the allegations or the charge has been made.
after knowing the opposite side contentions. then only appropriate steps can be legally taken.
once coming to know the facts of the case, it is in this regard you need to take steps:
1. see if the charges are framed, if not approach high court to quash the FIR or the charge-sheet...

2. if you don not know what can be done even after knowing the facts of the case then go for the discharge application before the trial court, to the matter of fact, several criminal cases are been made acquittal with the help of discharge application...

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Siddharth Srivastava (Advocate) 17 December 2017

The advise given to you by high court lawyer is correct. The right mode will be that a2 to a7 should argue at the stage of framing of charge and if trial court frmae charge against the proposed accused then challenge the same in higher court by way of revision. It is a2 to a7 who has the right and challenge the trial court and not you.

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Sekar 18 December 2017

Hi Sir, Thanks for your quick reply,

A2-A7 didn't appear in the 1st hearing but submitted Memo of Appearance through our lawyer because it is 750km away.

Next hearing is on April 17, which is 4 months long also court informed me that day identification will be done for A2-A7.

If i go for discharge petition for A2-A7, what happenes with next court appearance for A2-A7? will that date be put on hold till the petition is decided?

My first priority is to avoid the next court appearance for A2-A7 (This is the reason why i was thinking of going to quash where i can possibly get a stay).

One more thing, since the court ordered to add A2-A7 in chargesheet, is there any revised/final chargesheet one more time?