Sandeep (firm) 18 July 2011
Dear Sir,
Based on forged documents and false statements, a case under "Prevention of Corruption Act" has been filed against me by a state vigilance Department.
Can I file under 482 Cr. Pr. in the High COurt for quashing the FIR.
In case the High court rejects by petition under 482, what will happen to the hearing which is yet to start in lower court.
I am not in Law profession. Kindly advise.
Sandeep
THANKACHAN V P (Advocate & Notary) 18 July 2011
The genuiness of the documents cannot be looked in to in a 482 prceedings before the HC.Those matters can only be examined in a trial court. So HC may not quash the FIR as there are some documents against you (whether it falsly fabricated or not). Therefore it is advisable to contest before the trial and there you will get an oppertunity to argue for a discharge first. Then only you need to proceed with the trial.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 18 July 2011
Yes if the documents are false you have to prove them so in trial .Yes if you are big fish than can take shelter under other regularities provided after 482 you are ready to go to SC. CRPC u/s 482 has very limited scope but you can not jump the ladder.
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