During pendency of quashing petition you cannot file discharge application
wait for hearing before HC on your quashing case
False SC/ST Act
On a incident dated 31st jan 2023 I as an Victim assaulted by some goons In a govt office and the in charge of the office tried to lodge a fir with the police officials by submitting complaint under 154 and 154(3)crpc the police did not lodge fir instead submitted prosecution under 107 crpc later on due to pressure from higher officials they submitted non fir prosecution report under 323ipc and 506 ipc on basis of which ngr case started in which the accused pleaded guilty and sentenced to pay fine by the learned court .Later on to obfuscate the incident the accused under 156(3) lodged a fir under sc st act and 323 and 506 ipc to harass me in this false case over the same incident in which the police filed a chargesheet with hearsay evidence and false 164 crpc statement was recorded by one witness who in the earlier case deposed the truth in that ngr case Moreover a verbal spat over the phone was mentioned but in the chargesheet no cdr was submitted also the io did not consider the order sheet of the ngr case lodged on the same date nor the alibi of mine which consisted of govt memos.I submitted quashing petition before high court which is pending but on jan 2025 there is charge/plea hearing in the trial court please suggest legal remedies two witnesses were said to be casual staff of the office which they are not .Also no such telephonic conversation took place on the alleged dates no medical report of injury but I submitted the same the io also in this false case did not visit PO please suggest legal remedies can I submit discharge application? In connection with the question I want to say three hearings of fir quashing done in high court but police unable to produce full case diary to the high court in the month of june 2025 there is charge framing hearing date can the court proceed with charge framing ? Should I submit discharge?
Asked 6 months ago in Criminal Law
Religion: Hindu
8 Answers
Can I initiate civil defamation suit against the complainant?
Asked 6 months ago
You can file suit for damages against complainant
A discharge petition can be filed with the trial court even when a quash petition is pending before the High Court.
However, it's crucial to disclose the pendency of the quash petition to the trial court and agree to withdraw the discharge petition if the quash petition is allowed.
The legal position allows an accused to file both a discharge application with the trial court and a quashing petition with the High Court simultaneously.
While a discharge petition focuses on the trial court's specific grounds for dismissing a case, a quash petition seeks to quash the entire proceedings before the High Court.
The latter has a broader scope for challenging the criminal case.
On the date of next hearing before the trial court, you may appear before the trial court ready with a discharge petition.
Section 239 of the Code of Criminal Procedure (CrPC) deals with the discharge of an accused person.
The discharge under Section 239 is a specific provision for cases where the evidence presented or the facts of the case do not support a prima facie case against the accused.
This provision is typically used before the commencement of the trial, allowing for an early disposal of cases where there's no sufficient basis for proceeding further.
Hence you may proceed accordingly in consultation with your advocate.
To prove prima facie defamation, a plaintiff must show four things:
1) a false statement purporting to be fact;
2) publication or communication of that statement to a third person;
3) fault amounting to at least negligence ; and
4) damages , or some harm caused to the reputation of the person or entity.
However you may note that
Absolute privilege covers cases, in which complete freedom of communication is considered as of high importance and the actions for defamation is not entertained at all: a person who has been defamed on an occasion of absolute privilege has no redressal even when the statement made by the maker is so outrageous and malicious.
You may analyse the facts and find if there are any ingredients for filing defamation case and proceed only if opined by your advocate.
You can file for discharge. Only after acquittal you can go for defamation
Dear Sir/Madam,
The option of discharge application would be before the trial court. In the present circumstances, you are suggested to file a miscellaneous application in the same court for quashing of the charge sheet as well.
Dear Client,
Yes, the trial court can go ahead with charge framing even if the police have not put up the complete case diary before the High Court. The High Court quashing petition is still pending, but till date it has not been quashed, the trial proceeds as per process. You can plead objections and apply for discharge at the stage of charge framing. Yes, you can and ought to make a discharge application in the trial court during the charge framing stage, particularly because: The chargesheet is based on hearsay and false evidence. No reliable evidence such as CDR or medical reports corroborate the charges. The IO did not go to the site of occurrence or pay heed to your alibi and previous case records. Witnesses are misrepresented as casual staff although they are not. Multiple FIRs on the same incident filed by the same complainant are not usually maintainable if they pertain to the same facts ("test of sameness"). But if the second FIR charges different offences or facts, it could be allowed. Successive FIRs on identical facts have been held by courts to amount to abuse of process and infringement of fundamental rights. Yes, you can go on filing the quashing petition in the High Court on the grounds of abuse of process, false complaints, and repetition of facts in the previous case. Yes, where allegations are malicious and made in bad faith to harass you, you can file a civil defamation case to claim damages and prevent further defamatory publications.
