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Jeevan antulay (student) 16 October 2024

General topic

Can i use High court quashment of FIR precedent to argue in trial court ?

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4 Replies

P. Venu (Advocate) 16 October 2024

What are the facts? What is the context?

Jeevan antulay (Student) 16 October 2024

Related to ARMS ACT

T. Kalaiselvan, Advocate (Advocate) 16 October 2024

If high court has quashed the FIR then there will be no case before trial court.

If the high court had dismissed the quash petition then your reference about it in the trial proceedings may infer adverse impact to your case.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 October 2024

You can use a high court quashment of FIR as a legal precedent in a trial court, but with certain conditions ¹. The high court's decision to quash an FIR is based on its inherent powers under Section 482 of the Code of Criminal Procedure ¹. This power can be exercised to secure the ends of justice, prevent abuse of the legal process, or if the continuation of the criminal proceeding would be unfair or contrary to the interest of justice ¹. However, the trial court is not bound by the high court's decision and may exercise its discretion to consider the precedent ¹. The trial court's decision will depend on the facts and circumstances of the case, and the high court's decision may be considered as a guiding principle ¹. It's always best to consult with a legal expert to understand the specific implications of a high court quashment of FIR in your particular case ¹.

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