Crpc
Q 1. Can 482 be filed for quashing while discharge is pending u/s 239 Short answer is Yes. Anand Kumar Mohatta & Anr. Vs. State (NCT of Delhi) Department of Home & Anr. (2019) 11 SCC 706. In paragraphs 14 to 16, Also, cited in C.V.K.Balakrishnan vs State Of Tamil Nadu, SLP(Crl) Diary No(s). 2041/2023, Special Leave Petition (Crl.) No.1733/2023 Q 2. The summoning order or discharge order is to be challenged in Session court or High Court Under Section 397 of the Cr.P.C., the High Court and the Session's Court have the concurrent jurisdiction to hear the revisional application against the order of magistrate court. Moreover, there has been a catena of judgments wherein it has been held that an accused can also approach the High Court under its inherent power for quashing of the summoning orders. In the case of Central Bureau of Investigation v. Ravi Shankar Srivastava (http://judis.nic.in/supremecourt/imgs1.aspx?filename=27925), the Supreme Court was ...