Discharge revision petition or quash

Sir, 

Anything will do I believe, but first prefrence is to be given to the revision. 

Warm Regards 

Kapil Chandna Advocate 

9899011450

In my opinion you should direcly approach HC as chances of success of revision petition is vey less and almost nil. Moreover if you approach HC u/s 482 CrPC HC will not ask you to go to session court as only HC can entertain such petition

Criminal Revision Petition can be filed in Sessions Court or High Court. Both the Courts Have concurrence jurisdiction for CRP. 

The Quash is the inherent power of the High Court. Sometime, the High Court may fix time frame for disposing the trial in the lower court. If you are confident that no case is made out against the accused which is apparent on the face of the record, you file petition for quash. otherwise you please file revision petition in High Court. 

I think, you have 90 days to file revision petition. So collect all evidences, records, then proceed.

It is the general opinion that the accused/ charged shall follow the discharge technique in order to procrastinate the case. So Courts may NOT allow the accused to file any documents at the time of discharge/ revision petition. Moreover, if documents are allowed on petitioner/ accused side, it will become a mini trial. So High Court may ask you to face the trial.

However, if, on the face of the documents which are beyond suspicion and unrebuttable, placed by the accused, accusations against him cannot stand, it would travesty of justice if the accused is relegated to trial and he is asked to prove his defence before the trial court.

So make some ground work before filing the petition.

Good Luck.

Chennai 94440 48547

thank you everyone for your valuable inputs.

It depends on the factor whether you have a good prima-facie ground for discharge or not. Discharge and Quash both happens on legal grounds. You can read about both in following links

https://www.shoneekapoor.com/discharge-petition-crpc-239/

https://www.shoneekapoor.com/quash/

Now depending upon under which category your case fits in, you can either go for revision of quashing. However, certain High Courts don't entertain quash petition after charges have been framed. That should be another factor for your decision making,

Regards,

Shonee Kapoor

www.shoneekapoor.com 

immediatley file the quashing petition before the high court because the revisional court have limited power but high court have inherent power U/s 482 of Cr.P.C. and the high court may used that power and if your case is fit for quashed then the high court may pass an order for quashing the FIR and proceedings against you and other relatives who are not directly involved in the matter or reside seperately from since long.

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Sir, Should he go for Appeal against the order in Session court or Revision in Session court.........which of the two option is ideal. please help