maks (SE) 14 November 2012
Chargesheet not prepared yet(SHO is expecting something to remove family member names from CSheet), What is the right time to place petition for Quashing.
There aer two cases as of now 498A(includes DPA3&4, 506) and DV. Can i go for quashing for all two cases or one for each or only for 498A?
Thanks in advance for helfull replies.
maKs.
Sanjeev (Lawyer) 14 November 2012
Though you may try but the case is never quashed by HC. Filing Quash would just stay the lower court proceedings for sometime but ultimately it would go for trial in the lower court itself.
so if you aim at delaying the proceedings than you can go for quash.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 November 2012
Quashing can be filed anytime before charges are framed. At this stage it is quashing of FIR, after challan is presented it is called quashing of chargesheet and proceedings emanating therefrom. If the FIR has potential then as advised go in for it now, going in for quashing is always a risk - it pays if it is calculated and recklessly going in for it may disclose your defence and give the prosecution chance to fill up the lacunae in it's case.
Good Luck !
Bharat Chugh - Advocate Supreme Court of India
Law for Layman (Laws of India Initiative)
*www.advocatebharatchugh.wordpress.com
*www.bharatchugh.wordpress.com
Sanjeev (Lawyer) 15 November 2012
@ Ashish Devasar- The FIR's are so drafted that it do not leave any chance that it would be inherent from face of FIR that there is no commission of offence so it dont leave any room for quash.
Can you give me the case # of the case you fought and got quashed or attach it here for us to update our knowledge :)
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