Classification of charge sheet quash petition
Balaji Bakthavathsal
(Querist) 02 October 2017
This query is : Resolved
Can a petition filed in the High Court under CRL.O.P. to quash a charge sheet filed by the police in the Magistrate court be called as Writ Petition ? One of the respondent to defend herself has said so in her affidavit. So wants to get clarification on this.
Thanks & Regards
Ms.Usha Kapoor
(Expert) 02 October 2017
Yeah! You file a criminal writ petition of certiorari to quash the charge the police charge sheet in the Magistrate court on various grounds such as illegal,baseless, error apparent on the face of the record, without substance, undue delay in filing the chargesheet etc and get the charge sheet filed by the police quashed on false and flimsy and vexatious grounds. Joining the police and Magistrate as opposite parties to the writ.
Dr J C Vashista
(Expert) 02 October 2017
Crl. (Misc) Main Petition (nomenclature may differ from High Court to High Court) shall have to be moved to High Court u/s 482 Cr PC for quashing of charge-sheet.
Rajendra K Goyal
(Expert) 02 October 2017
Agree with the expert Dr. J.C. Vashishta.
