During pendency of your quashing case you should not submit discharge application
‘’with draw quashing case if you want to file for discharge
False SC/ST Act
On a incident dated 31st jan 2023 I as an Victim assaulted by some goons In a govt office and the in charge of the office tried to lodge a fir with the police officials by submitting complaint under 154 and 154(3)crpc the police did not lodge fir instead submitted prosecution under 107 crpc later on due to pressure from higher officials they submitted non fir prosecution report under 323ipc and 506 ipc on basis of which ngr case started in which the accused pleaded guilty and sentenced to pay fine by the learned court .Later on to obfuscate the incident the accused under 156(3) lodged a fir under sc st act and 323 and 506 ipc to harass me in this false case over the same incident in which the police filed a chargesheet with hearsay evidence and false 164 crpc statement was recorded by one witness who in the earlier case deposed the truth in that ngr case Moreover a verbal spat over the phone was mentioned but in the chargesheet no cdr was submitted also the io did not consider the order sheet of the ngr case lodged on the same date nor the alibi of mine which consisted of govt memos.I submitted quashing petition before high court which is pending but on jan 2025 there is charge/plea hearing in the trial court please suggest legal remedies two witnesses were said to be casual staff of the office which they are not .Also no such telephonic conversation took place on the alleged dates no medical report of injury but I submitted the same the io also in this false case did not visit PO please suggest legal remedies can I submit discharge application?
Asked 17 days ago in Criminal Law
Religion: Hindu
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11 Answers
Yes you can submit discharge also in the same
Discharge is not permanent solution as in future any evidence pops up, case can be reopened. Your option is to fight the case on merit and get an acquittal. Plead not guilty face the trial and get acquittal. There is not much hope in quash FIR from High Court.
If your quash petition is pending before high court then this discharge petition will not be maintainable
You may wait for the disposal of the High court quash case after you can take steps accordingly.
Looks like it is cross case and a product of after thought.
If the Police has submitted its charge sheet then it is good for you if you challenge the proceeding by filing quashing in high court.
- As per your narration , this case is looking a counter blast of the case filed by you and nothing more.
- Further , as there is lack of evidence in the charge sheet , then you can file a Discharge Application before the Trail Court on this ground.
- However, as the petition for Qashing the FIR is already pending before the High Court , then the trial should be stopped and no application for discharge is maintainable at this stage.
- You should wait for the outcome of the High Court.
1. At first you are required to contest the case filed against you fittingly.
2. If you have irrefutable evidence to prove that false FIR has been registered against you then you shall have to take steps to expedite hearing of the petition you have filed before the High court for quashing the FIR.
Dear Client,
You can file a discharge application u/s 250 BNSS in the trial court itself byhighlighting lack of prima facie evidence in the chargesheet. Point out the contradictions in witness statements, the absence of corroborative evidence such as Call Data Records (CDR) or medical reports, the procedural lapses by the investigating officer in notinvestigating the place of occurrence or corroborating the witness credentials, and your alibi as supported by the government memos. Submission shall be made that the case u/s SC/ST Act is retaliatory and has been filed with malafide intentionas the accused has pleaded guilty in the earlier NGR case. Request adjournment of trial proceedings pending hearing on quashing petitionin High Court. Prepare to go for trial,and try to discredit witnesses throughcross-examination of them based on contradictory statements by suchwitnesses, showing less credibility.
You can file a discharge application under Section 227 of the CrPC, citing the lack of evidence, procedural lapses, and fabrication of facts in the chargesheet. Highlight the contradictions between the earlier NGR case, where the accused admitted guilt, and the current FIR under the SC/ST Act, which appears to be filed with malafide intent. Emphasise the absence of medical evidence, CDR records, and the failure of the Investigating Officer to visit the place of occurrence or corroborate the claims with credible witnesses. Additionally, present certified copies of the NGR case order, government memos proving your alibi, and evidence disproving the witnesses' status as office staff. Pursue the pending High Court quashing petition under Section 482 of the CrPC, arguing abuse of the legal process, while also considering a complaint for malicious prosecution against the complainant. Engage experienced legal counsel to navigate both the trial and appellate proceedings effectively.
Thanks and Regards,
Advocate Aman Verma, Legal Corridor
1. SC/ST Act is one of the most misused and abused laws in India.
2. If there is no stay granted by the High Court then legally speaking the trial court is free to proceed with the framing of charge.
3. If the High Court is disinclined to quash the FIR then you have a better remedy to face the trial and get an acquittal.
4. All the hearsay witnesses can be subjected to an intense cross-examination by your counsel to disprove the prosecution story.
5. Presumption of innocence until proven guilty is the fountainhead of criminal jurisprudence. So get an acquittal and then crack the whip by filing criminal defamation and also suit for damages on account of malicious prosecution.
