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 of the opinion that, the High Court in exercise of its jurisdiction under Sec. 482 of the Code does not function either as a court of appeal or revision, and held and envisaged that three circumstances under which the inherent jurisdiction may be exercised, namely,

  1. to give effect to an order under the Code,
  2. to prevent abuse of the process of the Court, and
  3. to otherwise secure the ends of justice.

The Supreme Court further held that while exercising powers under Sec. 482 of the Cr.P.C., the court does not function as a court of appeal or revision. Inherent jurisdiction under Sec. 482 of the Cr.P.C., though wide, has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in Sec. 482 of the Cr.P.C., itself. It would be an abuse of the process of the court to allow any action which would result in injustice and prevent promotion of justice.

Q3. Does court need to write length orer for framing of charges?

Supreme Court in Kanti Bhadra Saha & Anr. v. State of West Bengal [2000 (1) SCC 722] has held that there is no legal requirement for the trial court to write a reasoned or lengthy order for framing the charges. (Ref. https://indiankanoon.org/doc/335430/ ; Munna Devi vs State Of Rajasthan & Anr on 6 November, 2001 ; 2001(9) SCC 631)

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