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Sharwanand   20 July 2018

Why 498a,307 fir in mobile court not in judicial court ?

Hi Sir/Mam, 

My brother wife filled 498A & 307  false case in Woman police station. Even police also supported her and filled false case on complete family. With god help we got bail from High court. Its around 8 months , they did not file charge sheet . I came to know that FIR in mobile court not in judicial court. 

What could be the reason FIR is in mobile court. I heard like 498A ,307 FIR should be in judicial court. Can any one please clarify.

 

 

 

 



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 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     20 July 2018

Mobile court is equivalent to judicial court intact mobile court stands at equal footing as that of other civil or criminal court.

Sharwanand   20 July 2018

When we ask police people to prepare charge sheet , they are not responding. They are asking for Settlement. we are not at all interested. They are demanding lakhs of money. 

As girls side people not submitted any proof till now and charge sheet not prepared. 

Can any one please tell what is the % of success if we apply for Quash in High court. when charge sheet not prepared is it possible to apply quash in high court using FIR ?

A1 to A6 are family members we got bail from  high court. A7 is unknown girl name where police people added in FIR to make case strong.  we did not bother about A7 as we dont know who is she also.

Can any one please advice its around 8 months completed charge sheet not prepared. So what is the best solution.

 

Adv Deepak Joshi +917017821512 (Advocate)     20 July 2018

Cal me at 9456777600 will discuss in detail.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 July 2018

Reading of Section 173 of CrPC (Provision related to filing of Chargesheet) along with Section 167 would show that an investigating officer is bound to submit the charge sheet with in a period of 60 days in case of offences attracting imprisonment of 10 years or less and 90 days in cases where the imprisonment awarded is more than 10 years.

Failing the same, the accused has an inalienable right to be released on Bail which even the Courts cannot deny, notwithstanding howsoever grievous the crime is.

Sharwanand   21 July 2018

Hi Sir, 

we are planning to apply Quash in High court . For that we need atleast FIR , but we done have FIR with us, when we ask FIR in police station they are not giving.  One of the lawyer said that FIR is in Mobile court

One of my friend adviced us to apply FIR in Mobile court directly with the FIR number.

May i know how many days it will take to get FIR from mobile court if we apply ?


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