Query on Discharge petition u/s 227 & 239 of CrPC in trial court
26-Apr-2023 (In Criminal Law)
we have been falsely implicated by a person under IPC section 420, 406 & 34 with the help of police, who is his relative. Further, police has submitted cahargeseet against us. before starting trail, what can be done to get justice. Can we file discharge petition under section 227 & 239 of CrPC in trail court before quash petition in high court or any other way? please suggest.
Dear sir/madam,
The proper remedy would be to approach the trial court with an application for discharge.
If the trial court does not grant the said application then you may approach the high court.
Hope the query was answered to your satisfaction.
The proper remedy would be to approach the trial court with an application for discharge.
If the trial court does not grant the said application then you may approach the high court.
Hope the query was answered to your satisfaction.
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Yes you are right. You already know the process. If you have sufficient proof regarding your false complain then you can definitely go for quashing as well as discharge application. It's depends on the content of your complain and other proofs.
Sir
Once the Charge Sheet is filed, it is advisable that you prefer a Discharge Application in the Magistrate Court. Though it is not the RULE, but normally high court do not entertain quashing petition once charge sheet is submitted. However, before any official legal advise can be given, we need to see the Charge Sheet Papers, to know the merits of the case and aptly advise you if this is a good case to take chance with quashing.
Regards
Once the Charge Sheet is filed, it is advisable that you prefer a Discharge Application in the Magistrate Court. Though it is not the RULE, but normally high court do not entertain quashing petition once charge sheet is submitted. However, before any official legal advise can be given, we need to see the Charge Sheet Papers, to know the merits of the case and aptly advise you if this is a good case to take chance with quashing.
Regards
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