90,000+ Legal Questions Answered

crpc 239 discharge and crpc 482 quashing difference crpc 239 discharge and crpc 482 quashing difference

5 years ago

if Someone files wrong FIR .. and I have fulproof evidence to prove it wrong .. What\'s best remedy? crpc 482 in HC ? Or 239 crpc in lower court ? I have filed 239.. can I file malesious prosecution & defamation against police officers after discharge by 239 ?

is there any additional benefit on 482 quash

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client in your case I am suggest you professional advice from expert lawyer. But generally u/s 482 of CrPC you can approach to high court for quashing of FIR with proper template.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Sir,
If charge sheet is filed you have to approach Trial Court for discharge and if it fails then prefer appeal/revision before High Court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 5 years ago

A.Dear client,
Both sections have its own legal stand where courts have power and stages of case.
482 for or against FIR is difficult except in gross legal discrepancies.
U/s 239 , after cognizance or evidence after charge is framed ie. Against charge.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.U should approach to the high court under section 482 of crpc for quashing the FIR
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconShows date not updated
Dear Client, You have to approach the concerned court regarding the case hearing dates. You can connect with the Registrar of the Court and provide the particulars of the case to seek updates and the...
question iconRegarding government job if convicted in public drinking
Dear Client, A person is not considered for a govt job if he is prosecuted or convicted by a court in a criminal case. Mentioning a court case on a government job application can have different impli...
question iconReopening of uncontested disposed criminal case immediately
Dear Sir, Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.
question iconVague and illegal order passed by Magistrate on recall application
Dear Client, A criminal revision petition challenging the order of the subordinate Court may be filed under Section 397 of the Cr. PC either before the Session Court or the High Court. According to A...
question iconMinor aged 17 has eloped with a boy
Dear Client This can be a serious issue if a complaint is lodged with the police as the girl is still a minor and apart from other Sections of the Indian Penal Code the boy can be even booked (a possi...