= Sec.303(2) of BNS 2023 . says that if the value is less than 5000 th

961 votes

Dismissal of the case can be done, if the law permits. However, it is better that you move the discharge application on the date of hearing itself. For converting the PW case to summary trial, you can also move the application on the daye of hearing itself. in case you require any further legal assistance you may contact me.

Advocate Shreyas Jain LawRato

838 votes

Yes, you can file a “Taken on Board” (TOB) application: You can file a TOB or simple interlocutory application before the same court (27th MM) stating: A. Request for Dismissal / Discharge Grounds: FIR was registered without magistrate’s prior permission in an NC case. Value involved is only ₹2,000 (below ₹5,000 threshold). Chargesheet is invalid, and trial cannot proceed on a void FIR. This would be under Section 190 of CrPC (or BNS equivalent) – if there’s no valid cognizance, the magistrate may refuse to proceed further. B. Alternatively, request for Summary Trial If the magistrate decides to proceed anyway: You can request conversion of the PW case to a Summary Trial, since the offence is triable summarily under BNS 303(2). Mention that continuing as a regular warrant (PW) trial is unnecessary and unjustified, especially given the low value involved.

Advocate Vaibhavi Muthinty LawRato