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Q. crpc 239 discharge and crpc 482 quashing difference

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Anonymous

posted 7 months ago

Q.crpc 239 discharge and crpc 482 quashing difference
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

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 7 months ago

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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 Retired Judge

Experience: 33 Year(s)

Responded 7 months 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

Experience: 17 Year(s)

Responded 7 months ago

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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

Experience: 3 Year(s)

Responded 7 months ago

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

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