• Discharge application

If someone is accused in criminal case under sec [deleted] case dates 2008
Discharge application is pending in Metro Politan Magistrate Court..if rejected from here what options do i have to go in higher court for discharge of case of quashing of fir?
Asked 6 months ago in Criminal Law from mumbai, Maharashtra
Religion: Hindu

You have both options Revision can be filed on order of discharge. Also a quashing can be preferred before the high.court .

Shubham Jhajharia
Advocate, Ahmedabad
18230 Answers
71 Consultations

5.0 on 5.0

A criminal revision is maintainable in the district  judge court against the order of the  MM and high court also against the order of the DJ.

REGARDS 

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

if your discharge application has been rejected then you can file writ in HC to challenge order rejecting your discharge application 

Ajay Sethi
Advocate, Mumbai
65428 Answers
3960 Consultations

5.0 on 5.0

If discharge petition is dismissed then you can file a quash petition before high court to quash the charge sheet under section 482 cr.p.c. 

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

you can file discharge application under the appropriate provision u/s 239 or 245 of Cr.p.c depends upon the compliant. If the lower court does not give its decision in your favour, you can file an appeal before the high Court.

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

You can challenge the discharge application in the higher court as well as go for quashing u/s 482 crpc before HC.

Prashant Nayak
Advocate, Mumbai
11640 Answers
18 Consultations

4.8 on 5.0

1. The dismissal of the application for discharge can be challenged in the Sessions Court and then High Court.

2. If the application for discharge is dismissed, and the charge is framed, a petition for the quashing of FIR alone will not be maintainable. You have to then seek the quashing of chargesheet.

Ashish Davessar
Advocate, Jaipur
26103 Answers
775 Consultations

5.0 on 5.0

Approach higher court for discharge.

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

Not rated

  1. As per the information mentioned in the present query, makes it clear that the argument is still to be advanced on discharge application.
  2. Yes, if you happen to not get succeeded in getting discharge from the case which has been pending before the Ld. MM, then you may he to move before the Hon’ble High Court for quashing of the FIR, but not in appeal of that discharge application.
  3. And I also suggest you to point out the same averments which you have made in discharge application, so that would make your argument more strong while arguing on the merits of the case.

Sanjay Baniwal
Advocate, South Delhi
4766 Answers
11 Consultations

5.0 on 5.0

You can file revision against dismissal order.

Yogendra Singh Rajawat
Advocate, Jaipur
12246 Answers
13 Consultations

4.6 on 5.0

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