Quash the fir while charge sheet filed
JEGADEESAN
(Querist) 28 January 2025
This query is : Resolved
Sir
I would like to clarify some doubt regarding Quash the FIR While Charge Sheet Filed during the pendency of the Petition
In My case , FIR has been registered along with another 2 persons in Dec.2024 .(under various sections which are bailable)
But now I have filed the Quash Petition and it is being admitted .Further I have come know that Charge Sheet has been filed by Investigation officer on 17th Jan 2025.(While preparing the Charge sheet IO removed my name & another one since he has come to know that both of us were not available in the spot)
During admission stage ,Whether Quash the FIR petition filed by me will be allowed or Court will direct to file fresh application for challenging the Charge Sheet ?
Because various High Court & Supreme Court Judgement says, charge sheet is filed against the accused during the pendency of the petition for quashing of the FIR, the High Court is not restrained from exercising its inherent jurisdiction and could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., charge sheet and other documents.
Ex : Shaileshbhai Ranchhodbhai Patel & Another v. State of Gujarat & Ors, Mamta Shailesh Chandra v. State of Uttarakhand & Ors,Supreme Court, once more, in Anand Kumar Mohatta v. State (NCT of Delhi)
But Madras High Court- Madurai bench delivered different judgement as direct the petitioner to file fresh petition with challenging the Charge Sheet in various case .CRL.O.P (MD) No.175 of 2024 & Crl.M.P.(MD) No.128 of 2024.
Actually which one is correct ?
T. Kalaiselvan, Advocate
(Expert) 29 January 2025
We cannot predict the judgement that would be pronounced by high court in this regard.
As the case is pending before high court you may wait and watch the disposal details as and when it is disposed.
Dr. J C Vashista
(Expert) 29 January 2025
Judgment / decision on your petition cannot be predicted, ask your lawyer.
However, charge-sheet is stated to have been filed but has it been accepted by the Trial Court ?
JEGADEESAN
(Querist) 01 February 2025
Thank you so much Kalaiselvan Sir & Vashista Sir. As you said that nobody cannot predict the judgement, Judge stayed all further proceedings and Adjourned to 17.02.2025.
Now Notice also send to the de-facto complainant along with the Inspector
