Another criminal miscallneous main can be filed for quashing of chargesheet??
yogesh
(Querist) 10 November 2012
This query is : Resolved
I am resident of Delhi and my father and Bother(Husband of bride) and have been falsely implicated by State Police ( Haryana) on the basis of the complaint filed by my sister in law father at his home town.I have been given A.B by District Court (ASJ) and thereafter given Regular bail by their Ld Judicial magistrate of their Ilaqa on surety
Therafter I individually( without joining my father abd Brother) filed the Criminal Miscallnous Petition before the Punjab Haryana High Court for quashing of FIR as the same was filed mechanically without preliminary enquiry and scrutiny and allegations in the FIR has not been connected to my personal life
The Hon'ble High Court issued notices to the respondents, Police and the complainant
Therafter Police has filed the Challan which I have collected by me along with other 2 accused
Now can I file the separate Criminal Miscallnous Petition along with my father and Bother( as parties) for quashing of chargesheet on the basis of territorial Jurisdiction as the learned magistrate cannot take cognizance of offence as alleged cause of action has taken place in New Delhi and nothing there isn FIR has ststed that alleged crime has taken place in the place of the complainant which is also contrary to 177 of CrPc?
Why I am asking is that previous CRM-M relates to FIR only in case if its is get qauashed, I only will get the relief
Now I want to quash the chargesheet on the basis of Territorail Jurisdiction, if its is quashed then we all 3 may get the relief..
Please comment
Daksh
(Expert) 10 November 2012
Dear Mr.Yogesh,
As it is evident from your query the Hon'ble High Court has only issued notice on your Sec.482 Cr.P.C. petition (meaning thereby that prima facie there is substance in your petition for calling response of the other party concerned).
I would like to draw your attention to the judgement in Adalat Prasad Case wherein the Apex Court has held that it is upto the court having appropriate jurisdiction to see if prima facie any case has been made out or not. In the instant case ipso facto evidently after filing of charge sheet admittedly the investigation in the matter is complete and you have alternative remedy of moving the appropriate court for getting the order revised, appealed as such your attempt of filing additional misc petition may back fire and may expose your defence as well. Hope this clarifies the issue.
Best Regards
Daksh
yogesh
(Querist) 10 November 2012
Dear Daksh,
Thanks for reply
I have filed the Criminal Miscallneous petition for quashing of FIR only in which none of the accused was arrayed as party ( petitioner) with me
The High Court have issue notices as I am not connected with the allegations But the Police has filed the chargesheet which was regsitered by the trail court and passed the order for next date for framing of charges
But the trail court has no jurisdiction to entertain the charges heet or take cognizance of offense as alleged cause of action has taken place in Delhi
Now on the basis of this, If I challenged the charge sheet along with quashing of subsequent proceedings pending before the trial court by making my old age father and brother as parties, then its not appropriate to file with another criminal Miscellaneous Petition (Under 482 CrPC) before High Court?? because once the cahrges has been framed by Trail Court then its difficult for even for High Court to intefere in proceedings unless final order
passed by Court under Appeal
Arun Kumar Bhagat
(Expert) 11 November 2012
File a quashing application u/s 482 Cr.P.C through your brother and father challenging the jurisdiction.
