Cancellation/challenging the chargesheet filed in rial court
sweety f
(Querist) 20 July 2012
This query is : Resolved
HELLO SIR!
CAN V FILE A PETITION IN THE HIGH COURT TO CHALLENGE OR SEEK CANCELLATION OF THE CHARGESHEET. UNDER WHAT SECTION WE CAN FILE A PETITION.
THIRDLY, HOW EFFECTIVE IT WOULD BE FOR THE PETITIONER.
FOURTHLY, WHAT IS THE IMPACT OF QUASHING AN FIR AND THE CANCELLATION/QUASHING THE CHARGESHEET.
WHAT WOULD U ADVICE ME TO DO. WHICH IS EASIER, BETTTER N ADVISABLE. WHAT WOULD BE THE CONSEQUENCE IF THE HC REJECTS MY APPLICATION.
REGARDS
Adv.R.P.Chugh
(Expert) 20 July 2012
1. Quashing of Chargesheet is done after court presents the chargesheet and before charges are framed and trial is underway. It is done under section 482 of the CrpC. The consideration/test is the same as laid down in Bhajan Lal v. State of Haryana, and subsequently followed in M/s Zandu Pharmaceuticals etc.
2. Quashing of FIR and quashing of chargesheet are the same in effect, however quashing of chargesheet has a much larger symbolic value because even after investigation completes and all material is collected still if the case does not inspire confidence or no case is made out - that's a bigger win !.
3. If charges have been framed go in for revision.
4. What should be right in your case can't be said unless one sees the documents. Consult a seasoned lawyer.
5. Normally if quashing is rejected it wont harm your case however if the judge proceeds to make certain observations that might hurt you real bad hence don't proceed with haste !
Nadeem Qureshi
(Expert) 21 July 2012
Dear Querist
you can file quash petition before HC under section 482 of Cr.PC.
if the petitioner has strong point in his/her favour that he/she has not committed this offence the Chargesheet may be quashed.
FIR can not be quash without very strong evidence because it is the matter of investigation and court held that no one have right to interfare in investigation but after filling Chargesheet before the court, the court can hear the petitioner and Chargesheet may be quash on evidence.
Quashing of chargesheet is the best.
Feel free to call
JANAK RAJ VATSA
(Expert) 21 July 2012
the petition for quashing the charge sheet u/s 482 cr.pc has entirely different connotations than a quash for the fir because the scope of both are not similar.
