quash proceedings
Prateek
(Querist) 01 March 2011
This query is : Resolved
I would like to know whether a person charged with 420,416 etc can move to HC to quash proceedings against him with the defense that his age is 75.
Please support your answer with a Judgment, if possible SC Judgment.
Devajyoti Barman
(Expert) 01 March 2011
This is not a ground for quashing at all.
Guest
(Expert) 02 March 2011
The accused has to face the trail as per law. By invoking the 482 of Cr.P.C the highcourt will not tie the hands of investigating agency. It can only direct. query like the cases at the FIR stage no such case has been quashed. The HC will give only direction to investigate the matter and file final report expeditiously.
Prateek
(Querist) 02 March 2011
Sir thank you for your valuable replies. Sir is there any SC Judgment regarding the same.
PJANARDHANA REDDY
(Expert) 02 March 2011
QUASH PROCEEDINGS IN HC ARE VERY SPARINGLY USED, IF YOU HAVE ANY POINT AND SOLID GROUND TO DEMOLISH THE ALLEGATION IN THE COMPLAINT OR CHARGSHEET, THEN IT CAN BE INVOKED. INTERIM YOU CAN GET A STAY FOR LIMITED PERIOD/STAY FOR FURTHER PROCEEDINGS OR DIS PENCE WITH PERSONAL APPEARANCE ETC.,
Guest
(Expert) 02 March 2011
Age has no consideration for grant of exemption on the face of crime, if committed. If not committed, a person can have adequate opportunity to defend himself.
A person committing a crime intentionally at the age of 90 years cannot be let off simply because he is of very old age.
The concerned person can however try his luck, as advised by Mr. Sarvesh.
jitendra narain sinha
(Expert) 02 March 2011
No,this is not avlid ground but you can move on the ground,if traial is pending for long.
Prateek
(Querist) 02 March 2011
THANK YOU EVERY ONE. sir actually i am the from the side of the complainant looking for a judgment for the same case as the accused has put a petition before the HON'ABLE HC to quash the proceedings just because he is 75 years old.
Sri Vijayan.A
(Expert) 03 March 2011
I hope ur doubt is cleared well
bhupender sharma
(Expert) 03 March 2011
not all rather the petition will be dismissed with cost . Please go through the Judgement of the Hon'ble Supreme Court of Inida titles as "State of Haryana V/s Bhajan Lal and others" Very famous Judgement in this respent to be delt with.
Sarvesh Kumar Sharma Advocate
(Expert) 02 March 2011
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 March 2011
