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Is discharge of problem enough or should I go for quash of cr case
20-Jan-2023 (In Criminal Law)
I am pathologist working in private lab.The report from my lab was given to patient as o negative but patient maintained her blood group was o positive.Her brother being district magistrate got me booked under 420 IPC despite it being case of medical negligence for the sake of argument which is civil law.court discharged me as report provided by them was of technician and court said guidelines from supreme Court were not followed.court said they don't find merit in charge sheet and discharged me.Meanwhile complainant met natural accident and died.Is discharge enough or shall I go for quash.can i get job or visa.can it haunt me in future.shall i go for quash or discharge is enough
If a person is discharged from the charges, it means that there are no sufficient grounds to proceed with the trial of the case. The court prima facie has to look into the charges whether there is any material to proceed. If you are discharged from the charges it means that there was no sufficient material to proceed against you. You don't need any other thing. And it won't create any problem for you in future. Furthermore you should keep a certified copy of the discharge order with you for safety purpose.
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Adv. Mubashir Malik
Srinagar | 25+ Answers
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discharge is enough until and unless aggrieved goes in appeal and no need for going for quashment as decision has been made by the magistrate after hearing both sides. It will not create any hindrance for visa as per my view.
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Adv. Mohit Jain
Jammu | 25+ Answers
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sir, so far as discharge is concerned ... discharge of accussed in criminal cases can be ordered by the magistrate or judge when the magistrate or judge was satisfied by the counsel of the accussed that prima facie ( at very first look) no case is made out against the accussed. So it is good for u that u have been discharged..
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Read your query, and I went through the information provided by you, but by bare reading it's difficult to understand your problem, what I gather from your query that you was discharged by the court but what exactly do you want I didn't understand from the information which you have provided , contact me on my no. I will help you out.
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Adv. Deepak Singh Balouria
Jammu | 25+ Answers
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