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Discharge application when quash pending!
04-Jul-2023 (In Criminal Law)
Is it possible to file discharge application in district court, when quash application is pending in high court u/s 482 for the same criminal case? False case u/s 294(B), 353, 506(2)!
Dear client
Greetings to you
Hope your fine n safe
you have to wait for the order of the high court.
Any further legal help contact me.
Need someone details from you.
Regards
Ferosha
Advocate
High court.
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Adv. Ferosha Shiffon Ansari
Chennai | 200+ Answers
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when you took a step for the cost petition then you cannot go for a petition for discharge because the Lower court cannot discharge the matter when the matter is pending before the High Court so it is advisable that you should wait for the outcome after the high court order
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Adv. Satish Kumar
Chennai | 1000+ Answers
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Yes. Provided there is no stay on the proceedings of the trial, granted by the High court. If there is no stay, there is no statutory bar to work out your remedies before the appropriate forum. Mere pendency of a quash Petition, will not bar you from exhausting your statutory relief under s 239 crpc
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