In a property dispute my brother lodged two-three fake case against me . one was FIR in which FR has been filed . two compliant case is going on in section 323/504/506 . It has been more than 6 year they has not produced any gawaah till date . I asked judge to discharge me but judge has accepted his recall many times for gawaahi . Can HighCourt Discharge me ? I have a proof of office that in complaint time I was present in my office.
One option is to file revision of Discharge petition in session court. Wait for its order there are chances that you will be discharged in session court.
Second is you can go for quashing of FIR in High court Under section 482 CrPC.
If you have evidence of your presence in office then one of the above option will definitely get you out of the situation.
The lower court needs to pass order on your discharge application. You can file quashing in high court for the same
File petition for quashing in HC if there is no evidence on record against you
You can file for quashing of FIR before the high court.
1. The supreme court has held that if a witness is repeatedly absent to give his testimony then the trial court has power to close his evidence.
2. So file an application to close the evidence of the de facto complainant.
3. If the trial court reject your application then you can file revision to high court which would give you necessary justice including passing an order of expeditious disposal of the case.
FIR can be quashed under Section 482 CrPC.
Hi,
In the present circumstances, you are suggested to approach high court for quashing citing the reasons of delay etc.
Yes, You Can Approach The Concerned High Court Under Section 482 For Quashing The Cases
Hi
First get the petition pending before magistrate disposed off.
You can move application before next higher court challenging the same.
If you have substantial proof, you need not worry, there is every likelihood of you getting favourable order.
Good Luck
Than you should take plea/defense of alibi, file discharge application in same court. Without filling discharge application under provisions of criminal procedure, court can`t discharge you on oral request.
Agitate this before the High Court by way of preferring an application under section 482 crpc.
Contact a local lawyer.
Have you filed a discharge petition before the trial court, what was the disposal?
If you find some merits in your case and you are able to prove that this is a false case, then you may approach high court with a petition to quash the case with the support of the documentary evidences in your possession.
