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Discharge of a charge sheet filed
05-Aug-2023 (In Criminal Law)
Hi, My Sister in law has filed a false 498a case against my brother and entire family. The charge sheet is now submitted in the court. They never called us during investigation nor does FIR contain any interrogation from anyone other than Girl's father, mother and brother. 1)Now that the charge sheet is submitted but trial is yet to start, can we file for a discharge in magistrate court or should we apply for quashing of FIR in high court? 2) Does it make sense to apply for discharge/quashing for individual members separately or together?
Whether cognizance has been taken by the magistrate or not? If taken you should challenge the order taking cognizance before the Hon'ble High Court. It is advisable that two set of quashing petition should be filed. One , by the husband and other by family members. Normally the quashing petition of family members is allowed .
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Adv. Ravi Bhushan Prasad Sinha
Patna | 100+ Answers
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Firstly you should apply for anticipatory bail in that case and after getting bail you can move high court for quashing of FIR...but as you are saying charge sheet has been already submitted it means the court will take cognizance very soon...in that situation you will have to seek quashing of order taking cognizance...so far as the investigation is concerned that is the descretionary power of IO and statement of your in-laws is sufficient.
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Adv. Priya Gupta
Patna | 25+ Answers
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Stage of quashing of FIR is over. You could have use this remedy before charge. Now you can file discharge application before the court where charge is submitted. All accused can jointly or sepretaly file the application.
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Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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You should file a quashing petition in high court or may file discharge petition before the magistarate where ur case is pending for trial.if discharge petition u.s.245 rejected than u should go in high court for quashing u.s.482 of crpc.
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Adv. RK Goswami
Patna | 100+ Answers
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