You have both options Revision can be filed on order of discharge. Also a quashing can be preferred before the high.court .
If someone is accused in criminal case under sec [deleted] case dates 2008 Discharge application is pending in Metro Politan Magistrate Court..if rejected from here what options do i have to go in higher court for discharge of case of quashing of fir?
You have both options Revision can be filed on order of discharge. Also a quashing can be preferred before the high.court .
A criminal revision is maintainable in the district judge court against the order of the MM and high court also against the order of the DJ.
REGARDS
if your discharge application has been rejected then you can file writ in HC to challenge order rejecting your discharge application
If discharge petition is dismissed then you can file a quash petition before high court to quash the charge sheet under section 482 cr.p.c.
you can file discharge application under the appropriate provision u/s 239 or 245 of Cr.p.c depends upon the compliant. If the lower court does not give its decision in your favour, you can file an appeal before the high Court.
You can challenge the discharge application in the higher court as well as go for quashing u/s 482 crpc before HC.
1. The dismissal of the application for discharge can be challenged in the Sessions Court and then High Court.
2. If the application for discharge is dismissed, and the charge is framed, a petition for the quashing of FIR alone will not be maintainable. You have to then seek the quashing of chargesheet.