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Quashing of FIR, (with penidng discharge application)


06-Sep-2023 (In Criminal Law)
Hi, I have a pending Discharge application at magistrate court which is pending since 2019. Every time the judge is either on leave or he is busy with remand and bail work since last more than 2 years. I did not get a single hearing opportunity since more than 2 years. I have also filed written argument but still my case is adjourned on argument. it is not yet placed on ORDERS. Now my question is if i can apply for quashing of FIR in the present circumstances, disregarding the discharge applic
Answers (2)

Answer #1
829 votes
Quashing petition may be filed at any stage of the proceedings. If charge sheet is filed by police then quashing of charge sheet has to be filed before the honourable high court. if it is not filed then quashing of FIR
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Advocate Mohd Atik Iqbal

Adv. Mohd Atik Iqbal

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Answer #2
742 votes
If you are unsatisfied by the progress of your pending discharge application before the trial court, you can approach the High Court for quashing. It is a settled law laid down by the Supreme Day that you can file a Quashing Petition before the High court despite the fact that your discharge application is pending to be decided. For further assistance or filing of the Quashing Petition, you can approach me.
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Advocate Rahul Mishra

Adv. Rahul Mishra

LawRatoMumbai | 200+ Answers
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