Discharge or quash?

Originally posted by : NM
	What is a better option in a 498a case: 1. Discharge in Trial Court : There are no prime facie evidences against the accused. 2. Quash in High Court : FIR registered doesn't have the jurisdiction 3. Can Discharge petition and Quash petition be filed simultaneously in their respective courts?

Some nut in your head is missing.

One has to file quash petition first and then wait tor outcome, then if it is not favorable, you go for discharge petition.

Who suggestd you this nut job?

K. Somanath Nayak Vs State (66A Information Technology Act). When this IT Act was declared unconstitutinal he applied for DISCHARGE and not for QUASH. Why? The Principal Civil Judge and JMFC Court, Belthangady, has discharged activist K. Somanath Nayak of Nagarika Seva Trust, Guruvayanakere, from offences under Section 66 (A) of the Information Technology Act.

Rakesh ki waiting for your reply