rajendra (na) 16 February 2014
Hello All,
I have filed FIR quash for A2-A5 in high court....now charge sheet filed...
We are filing charge sheet quash in HC now......
My question is
1)can i file discharge petition in lower court for A1?
2)will the court allow me or will give dates bcoz of stay in HC(stay not yet got..we may get soon)?
any suggestion would be helpful
BHUWAN RAJ 09839268489 (lawyer) 17 February 2014
when chargesheet has been filed in the matter, then your writ petition filed under article 226 of the constitution of India becomes infructous and therefore now you are supposed to challenge the entire proceedings under section 482 Cr.P.C. before the concerned high court. Neverthless filing of discharge application is a remedy which you can avail whether you have approached the high court or not.
T. Kalaiselvan, Advocate (Advocate) 17 February 2014
A discharge petition can be filed before the charge sheet is filed and the copies given to the accused and not after that.
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