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Tag: Go For Discharge Instead Of Quash

Rajeshwaridevi Vijaypalsingh Jadon Vs State of Gujarat on 16 Sep 2016

Posted on July 24, 2021 by ShadesOfKnife

Single judge of Gujarat High Court directed the petitioner to go for Discharge at Trial Court and if unhappy with the outcome, the petitioners shall always take legal recourse which include application under section 482 of the Criminal Procedure Code.

From Para 2,

2. This Court notices that the investigation has culminated into filing of the chargesheet. The charges are not as yet framed. The petitioner has efficacious remedy available for moving an application for discharge. Let the same be resorted to. If unhappy with the outcome, the petitioners shall always take legal recourse which include application under section 482 of the Criminal Procedure Code. This Court has not expressed any opinion on the merits of this case. This disposal shall not come in the way of the petitioner in pursuing the case. Petition stands disposed of accordingly.

Rajeshwaridevi Vijaypalsingh Jadon Vs State of Gujarat on 16 Sep 2016

Citations :

Other Sources :

https://www.casemine.com/judgement/in/580ab2112713e175bec1bc26

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 239 - When accused shall be discharged CrPC 482 - Saving of inherent powers of High Court Go For Discharge Instead Of Quash Rajeshwaridevi Vijaypalsingh Jadon Vs State of Gujarat | Leave a comment

Jaggavarapu Satishkumar Reddy and 3 Otrs Vs The State Of AP On 20 February, 2018

Posted on September 15, 2018 by ShadesOfKnife

A quash judgment here from High Court of A.P. wherein the request was to quash a false 498A IPC case with a argument that, “the allegations do not constitute the offences alleged against the petitioners-A.1 to A.4 and that respondent No.2-defacto complainant deserted her husband (petitioner-A.1) long back and that continuation of the impugned proceedings against the petitioners-A.1 to A.4 is nothing but abuse of process of Court.”

Instead of quashing the case, the judge ordered to go for Discharge at lower court itself.

And the judge gave this order in Para 7 and 8,

As far as allegations against the petitioners-A.1 to A.4, the court below has to decide truth or otherwise of the allegations. The petitioners-A.1 to A.4 are at liberty to file an application for discharge in accordance with law, and on filing of such application, the Court below has to consider it on merits in accordance with law.

It is submitted by the learned counsel for the petitioners-A.1 to A.4 that petitioner-A.4 is aged 88 years and is suffering from health problems and not in a position to move. Taking into consideration of age and health condition of the petitioner-A.4, her presence is dispensed with in the proceedings before the Court below subject to her complying with Section 205 Cr.P.C.. As and when her presence is specifically required, the Court below may order her presence. As far as other petitioners-A.1 to A.3 are concerned, in case of any difficulty in attending the Court, they are at liberty to invoke the relevant provisions of law.

Jaggavarapu Satishkumar Reddy and 3 Otrs Vs The State Of Ap On 20 February, 2018
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 205 – Magistrate may dispense with personal attendance of accused CrPC 239 over CrPC 482 Go For Discharge Instead Of Quash Jaggavarapu Satishkumar Reddy and 3 Otrs Vs The State Of AP | Leave a comment

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