Difference b/w article 226 writ and 482 cr.pc for quashing.

@Deepak Joshi sir can you please elaborate.  My advocate said application under 482 is not maintainable as the matter is too premature. The FIR was registered on 1 Oct 2018.  Atleast 90 days should be given to police for investigaten and only after that Application under 482 is maintainable .

Originally posted by : Sarthak Nayar
	@Deepak Joshi sir can you please elaborate.  My advocate said application under 482 is not maintainable as the matter is too premature. The FIR was registered on 1 Oct 2018.  Atleast 90 days should be given to police for investigaten and only after that Application under 482 is maintainable .

Dear querist,

Need to check contents of FIR for gravity and feasibility of offence for final opinion.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Sarthak,

Your Lawyer has misguided you. Under 482 crpc you can file Quashing petition after FIR  & before chargesheet AND/OR also after filing of chargesheet

The question should be when to apply for Quashing & at What stage? - This depends on several factors such as FIR content, allegation, various IPCs / combo acts alleged in FIR, etc - There is no straitjacket formula. 

Recently SC has given verdict that Petition under 482 crpc can be entertained even after filing chargesheet (Anand kumar Vs State - Delhi Nov 2018). 

1. Ordinarily, the High Courts all over India do not entertain quash petition filed u/s482 of Cr.P.C. unless chaerge sheet is filed.

2. So, it is advisable to file the said quash petition before the High Court aftyer the charge shet is filed though there is nothing mentioned in the law that you shall have to file it after charge sheet is submitted.