Quashing of criminal proceeding 397 or 482
Greetings ! I am facing trial under section 347 and 387 due to a false complaint regd in Aug 2015. Before filing of complaint against me, I had initiated civil and criminal action against the said complainant. So this is a counter complaint in revenge. Even as per complaint there is absolutely no allegation of physical delivery of any valuable security or property and hence the offence u/s above is not made out. Charge sheet was laid in Jan 2016 and Charges have been framed on 6.10.2017 but the evidence is yet to commence. What remedy do I have now at my disposal for termination of the proceeding without a full blown trial. i) 397 Revision before Sessions Court with delay condonation ii) 397 Revision before HC iii) 482 quashing of FIR and Chargesheet by HC iv) Art 227 r/w 482 CrPC before HC for quashing of charges framed by CJM Court v) Any other..? Will delay condonation still be applicable for 482? Thanks and Regards,
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