Chargesheet quashing in high court
Querist :
Anonymous
(Querist) 18 October 2021
This query is : Resolved
In a accident case of grevious hurt u/s 279 and 337 and 338, once the chargesheet is submitted in court.
1. Can the accused take the certified copy of chargesheet from the court before the date of next hearing (pleaded not guilty).
2. Based on the merits of chargesheet, can the accused go to high court for quashing of chargesheet and fir without attending trials from district court as it will take around 3 to 4 years of time?
kavksatyanarayana
(Expert) 19 October 2021
What is your problem? Your query is not clear to me.
Pradipta Nath
(Expert) 19 October 2021
Also please do consider if the 482 petition is rejected and cost is levied, as there is no guarantee that every 482 petitions will get allowed.
Dr J C Vashista
(Expert) 20 October 2021
1. Can the accused take the certified copy of chargesheet from the court before the date of next hearing (pleaded not guilty).
Ans. The accused is entitled for supply of copy of the charge sheet.
2. Based on the merits of chargesheet, can the accused go to high court for quashing of chargesheet and fir without attending trials from district court as it will take around 3 to 4 years of time?
Ans 2A. Yes a petition for quashing can be moved before High Court.
Ans 2B. No, if the accused did not attend the Trail Court proceeding without exemption, the court shall compel attendance of the accused by issuance of warrants of arrest and further proceeding as required.
Shubham Bhardwaj
(Expert) 20 October 2021
Dear Sir,
Please note the answer to your question as under:-
1. Yes, accused can take certified copy of the charge sheet. It is his legal right.
2. No, accused cannot file quashing petition on merits in High Court under section 482 Cr PC. You must understand what is Sec 482 Cr PC. Section 482 Petition is filed on the basis that even if averments in FIR or charge sheet are taken to be true, still no offence is made out. The High Court cannot go into the merits of the case as that is the role of trial court and not High Court. High Court is not a trial court. Before filing 482 petition consult a good lawyer on the maintainability of 482 petition. A Section 482 petition can sometimes be double edged sword if improperly filed.
Let me give you an alternate to quashing. File a discharge application to the trial court. The parameters of a discharge application and quashing petition are very very similar rather discharge is much wider in certain aspects.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
K Rajasekharan
(Expert) 21 October 2021
It seems in this case quashing of charge sheet is a remote possibility, as pointed out already by some expert.
Quashing a FIR or Charge Sheet under Section 482 is a bit difficult thing nowadays as there are directions from the Supreme Court (SC) in a catena of cases that the inherent powers should be exercised only sparingly and in genuine cases. It can be done only when such request for quashing satisfies the conditions laid down in the Section 482 and the SC guidelines in that regard.
To know more about different aspects of this issue, you can have a look at my write up on this topic, available at https://lawwatch.in/quashing-of-fir-under-section-482-crpc/
Dr J C Vashista
(Expert) 21 October 2021
The query posted by the author is:
2. Based on the merits of chargesheet, can the accused go to high court for quashing of chargesheet and fir without attending trials from district court as it will take around 3 to 4 years of time?
I donot think the author desires to know result of the petition he is planning to move for quashing of FIR, if I am not wrong.
P. Venu
(Expert) 03 November 2021
The issue could be settled by pleading guilty on payment of fine. Being traffic offence, this is the simplest option.
