poor 26 August 2018

Quash filing after rejection of discharge

Hello friends,

I have a query -

I have 498a and 3/4 DP act against me n my Brother and my parents. We have already got regular bail last year. I filed for discharge petition u/s 239 for myself in lower court which got rejected........then i challenged this order and filed Revision petition u/s 397 and 399 in district and session Court which also got rejected last week.
Now my question is ---
(1) Can i still file Quash u/s 482 in Highcourt
(2) Now if I file Quash petition in Highcourt then ....will it be against the lower court order on discharge petition OR will i have to file Quash petition against the order of district and session court on Revision petition.

Please help with best advise as i need to file Quash if possible as soon as possible.

My whatsapp 9028394011 (this is only whatsapp no.)

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3 Replies

SOLOMON.RAJ (advocate/director) 26 August 2018

Hii,

Primarily your discharge dismissal at the lower court has no correlation at all with the Quash petition .

Secondly you still areat free will to file a quash petition in the concerned state's High Court.

Quash is not an appeal against the discharge dismissal.

Quash is an independent mive of irs own under Article 482 having inherent powers.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

anubhav Bhatt 26 August 2018

Dear client,
In that circumstances you should move a 482 Cr.P.C for that purpose you need certified copy of the Charge Sheet and Statements which was recorded before Court as per dismissal of 239 Cr.P.C it's rejected by the court so you have only option to move Criminal Revision before Court just because it's a Final Order but still have remedy to file 482 Cr.P.C Application before Hon'ble High Court if need more clarification then you may contact us.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

N.K.Assumi (Advocate) 28 August 2018

Filling Discharge petition is based on the records of the case, and the documents accompanying the charge sheets, and unless the order of the two courts rejecting the discharge petition are posted along with the grounds of discharge petition, it will be difficult to respond to your query. In any case, to invoke the High Court juisdictions under 482 to quash the charge sheet will be a Herculean task.