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

4 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 4 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.
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Kishan Dutt Kalaskar

Responded 4 years ago

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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.
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Sanjay Kumar Jha

Responded 4 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.
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Rameshwar Dadhe

Responded 4 years ago

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