Legal Question in Criminal Law in India
criminal complaint admitted as complaint case. statements under section 200 and 202 ipc have been completed and summons to the accused persons have been issued. whats the remedy to challenge the complaint on maintainability. will it be appropriate to file applicatio for discharge thru counsel??
regards
rahul
2 Answers from Attorneys
In the first instance, challenge order by which summons is issued to the accused (It is called order issuing process) by preferring Revision Petition before the Sessions Court and then Writ in the High Court.
If you do not succeed in the first instance, consider moving discharge after recording of before charge evidence.
If no case is made out on the basis "Preliminary evidence" recorded by the court in support of complaint, you may seek discharge by filing an application through your counsel.
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