482 crpc

J.C.Mishra (Querist) 18 January 2012 This query is : Resolved
If an accused who haS been charge sheeted by the police under section 307, 25 arms act and other acts of IPC is absconding( as submitted in police report), files a case in the High Court under 482CrPC, What are the possible reliefs that he can pray in the High Court under 482 CrPC?

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Devajyoti Barman (Expert) 18 January 2012
The possibilities of a quashing does not depend upon abscondance of the petitioner but on the merit of the case.

If there is merit then it would be allowed though the allowing is the exception and rejection of it is rule.

Advocate. Arunagiri (Expert) 18 January 2012
If he is absconding even after charge sheet, the chance for quashing is very remote.

Once he surrenders before the trial court, the quash petition will be considered.

Sanjeev (Expert) 18 January 2012
HC may reject to admit the petition asking the petitioner to surrender first.

Advocate M.Bhadra (Expert) 18 January 2012
Quashing petition u/sec.482 in High Court have merit in rare cases,in the instant case u/sec.307 IPC and u/sec.25 of the Arms Act and after filing charge sheet has no merit.

Raj Kumar Makkad (Expert) 18 January 2012
Nothing remains to be added now as much has already been advised/opined.

Shonee Kapoor (Expert) 18 January 2012
No use of filing quash petition as of now.

Surrender, take bail and then think of it.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Deepak Nair (Expert) 19 January 2012
petition for quasing is not maintainable now considering stage and facts of the case.

You are rightly advised by the experts above.

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