Quash petition
Chumki
(Querist) 10 November 2016
This query is : Resolved
Sir, the complainant give an allegation u/s - 403, 420, 323, 324 , 506 , 34 of IPC but he didn't file any FIR or police copy inspite of that accused persons had to take bail and the next date is given for P.witness. Now my quarry is how trail can be start under aforesaid sections of the code?? Isn't it abused the process of court? Can this case be quash u/s 482 of crpc?
Ms.Usha Kapoor
(Expert) 11 November 2016
Find out whether prosecution has filed FIR or not.unless prosecution files an FIR section 482 Cr.P.C or Criminal Writ proceedings to quash illegal proceedings or false FIR or File an FIR If the police refuse to file the FIR would arise.After Fir is registered it will proceed to Magistrate court and after trial prosecution or defense gets defeated they will go in appeal u/s 482(inherent powers of the court.Then only it would be possible to quash the criminal proceedings under section 482 Cr.P.C or criminal Writ.
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Rajendra K Goyal
(Expert) 11 November 2016
How are you concerned with the query?
What is the opinion of your lawyer?
What are the material facts of the case?
P. Venu
(Expert) 11 November 2016
The facts disclosed suggests that you are not fully informed of the matter. Any suggestion would be inadequate.
Devajyoti Barman
(Expert) 11 November 2016
Query is not clear.
What do you mean by ' FIR/Police copy not filed'?
Rajendra K Goyal
(Expert) 12 November 2016
Please state / mention clear material facts.
