Possiblity of Quash of FIR / Chargesheet/ Cognizance in 498a

[Dr. Ashok Dhamija]

Firstly, you have mentioned that you are filing the second anticipatory bail application. Once the case has already been charge-sheeted, there is no point in seeking anticipatory bail since it would not be granted. This is what in fact has been told to you by the Supreme Court also, when it rejected your anticipatory bail application on the ground that charge sheet has been filed and it asked you to seek regular bail.

Regular bail will be granted only if you are arrested or if you surrender on your own before the court.

Secondly, once the charge sheet has been filed, there is no point in going for FIR quashing, charge sheet quashing, etc. These will be possible only from the high court, which is likely to direct you to go to trial court in view of charge sheet filed. You should try for discharge from the trial court (the 4^th option mentioned by you), which is the best option if you feel that there is no evidence to make out offences, as alleged, against you.

Otherwise, you may have to face trial and show that you are innocent.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Nicemind Nicemind]

Respected Sir,
Thanks for detailed replay and clarifications.

In this regard I have one more query.

If I File Surrender cum Bail application in Judicial Magistrate’s Court (Where My Case is listed)
And at same time I file Discharge Application. (Can I file it on the day I file the Surrender Cum Bail Application? )

If yes then Which Application will Considered 1st by Judicial Magistrate Court?
Surrender Cum Bail Application or Discharge Application?

best regards.

[Dr. Ashok Dhamija]

Though there is no hard and fast rule as to which application will be heard first, generally speaking the surrender / bail application will be heard first, if it is filed at the same time along with the discharge application. This is so because the court may have to pass an immediate order when you surrender, i.e., whether to send you to jail or to grant you bail. When you surrender, this decision will have to be taken on the same day.

On the other hand, the discharge application may also require response / reply from the prosecution side and need not necessarily be decided on the same day. In fact, the discharge application may perhaps need detailed consideration if it raises serious issues.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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