Supreme Court: In Quashing Petition, Wider Challenge Is Available Than Discharge Petition

The Supreme Court in the case Mukesh And Ors versus The State Of Uttar Pradesh And Ors observed and has stated that an accused can file a petition to quash criminal proceedings under Section 482 of the Criminal Procedure Code, CrPC even after filing of the chargesheet.

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The Supreme Court in the case rejected the argument that the accused must wait for charges to be framed and then challenge an order framing charges through a revision application.

The court also explained that to quash a petition wider ground of challenge would be available than in a discharge petition.

The bench comprising of Justice Abhay S. Oka and Justice AG Masih was hearing the present matter.

The bench in the case was hearing the criminal appeal filed by the accused against the Allahabad High Court's order, wherein the court dismissed the petition quashed, declaring it as 'infructuous' after a charge sheet was filed against the accused.

On the other hand, the counsel appearing for the Respondent-State of Uttar Pradesh opposed the appeal of appellant's wherein stating that once the charge sheet was filed against him, the accused could have waited until the framing of charges to challenge the order of framing charges through a revision application.