Quash after chargesheet
Ranganath
(Querist) 11 July 2009
This query is : Resolved
Ld COunsels,
Once the accused and served summons and on first appearance charge sheet is given, is there any bar in applying for quashing of chargesheet.
Pls clarify.
Thanks
G. ARAVINTHAN
(Expert) 12 July 2009
No bar to approach High Court under section 482 of Criminal Procedure Code
Kiran Kumar
(Expert) 12 July 2009
there is no such bar....
PALNITKAR V.V.
(Expert) 12 July 2009
There is no bar. but the remedies may differ i.e. whether to file revision or writ or other proceeding? HC is reluctant to entertain petition for quashing directly. It will ask whether other remedies are available if yes why those were not exhausted. So, depending upon the facts of the case you have to find out which remedy should be adopted.
SANJAY DIXIT
(Expert) 12 July 2009
I agree with the opinions made by ld. experts. There is no such bar.
PARTHA P BORBORA
(Expert) 12 July 2009
I agree with ld. friends but how it is possdible that the charge sheet is submitted at the time of first appearence of the accused ? wheather by using the "CHARGE SHEET" he actually means " the Copy of the case record"?
a.manoharan
(Expert) 12 July 2009
Sirs, unless and until , charge sheet is received in open court , no chance for quashing , as there is no entry in receipt of the same in court or committal court
rupareliya
(Expert) 08 August 2009
U SHOULD GO FOR DISCHARGE BEFRO CHARG FRAME
