Can i file quashing petition
kavita vishwakarma
(Querist) 21 November 2012
This query is : Resolved
can i file quashing petition after the charge is fram in matter ? give me any citions
Adv.R.P.Chugh
(Expert) 21 November 2012
Though there is nothing in the law prohibiting the same - no court would grant such a quashing for the matter is at a advanced stage. Revision against charge framing order is something you can ponder.
Guest
(Expert) 22 November 2012
Quashing is permissible when the trial is still in its infancy, and not when the charges have been framed and it is marching towards the end. No HC would quash the proceedings once the charge has been framed, unless the trial itself on a bare perusal of the allegations is such that it shocks judicial conscience. The proper remedy against framing of a charge is to prefer a criminal revision.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
V R SHROFF
(Expert) 22 November 2012
It is possible in initial stage, You may apply, but Court will not grant it.