Quashing in punjab and haryana hc
Rahul Sabharwal
(Querist) 26 November 2012
This query is : Resolved
Hello to the respected lawyers,
My father has been accused of forging and cheating under s. 420 and 467,468 and 471 IPC and also under Prevention of Corruption Act. The FIR was registered on 22.6.2007 and my father was remanded to custody by the court at Moga, Punjab on 25.6.2007 and he was given bail only on 13.12.2007. The IO has deliberately not filed the challan till now just to harass him. For the past one year the court has been giving long dates as the challan has not been filed. I want to now can this case be quashed by the Punjab Haryana HC because the challan has not been filed all these years.
Waiting for your valuable opinion.
ajay sethi
(Expert) 26 November 2012
Section 482 of the Cr.P.C. itself envisages three
circumstances under which the inherent jurisdiction may be
exercised by the High Court, namely: (i) to give effect to an order
under the Cr.P.C.; (ii) to prevent an abuse of the process of
Court; and (iii) to otherwise secure the ends of justice. It is trite
that although the power possessed by the High Court under the
said provision is very wide but it is not unbridled. It has to be
exercised sparingly, carefully and cautiously, ex debito justitiae
to do real and substantial justice for which alone the Court
exists.
the Court would be justified in
invoking its inherent jurisdiction where the allegations made in
the Complaint or Chargesheet, as the case may be, taken at
their face value and accepted in their entirety do not constitute
the offence alleged.
in your case the accused are
alleged to have committed offences punishable under Section
120B, read with Sections 420, 409, 468 and 471 IPC.you cna try your luck before the high court if you so desire
Devajyoti Barman
(Expert) 26 November 2012
The delay in submitting chare sheet is not a ground for quashing for the case.
Your father being the accused person can apply in the court of the Magistrate for direction upon the Police to submit Police Report.
Moreover the high court generally does not entertain quashing of FIR since it is prematured or waiting for competition of investigation.
R.K Nanda
(Expert) 26 November 2012
no more to add.
Guest
(Expert) 26 November 2012
I would respectfully differ with my learned colleague-at-bar Devajyoti Burman insofar as he rules out delay in submission of the charge sheet as a ground for quashing of the FIR.
A speedy trial is the indefeasible fundamental right of every citizen, hence judicially enforceable. An inordinate delay in the trial is one of the grounds on which the trial can be quashed. Prosecution cannot be allowed to become persecution is the rationale behind exercising the inherent power to quash a trial which has outlived its legitimate and just expectation.
Since your question is with respect to the Punjab and Haryana HC and I also practice and appear in the same HC, I may bring to your notice a very recent decision of the Punjab and Haryana HC reported in RCR(Criminal)2012 Part 3 P&H wherein the HC quashed the FIR and the consequential proceedings, also incidentally under the provisions of Prevention of Corruption Act, on the ground that the challan has not been filed even after the expiry of 6 years from the date of obtaining the necessary sanction under S.197 Cr.P.C. You may also try your luck. If you are lucky your case may also be a judicial precedent for those seeking quashing on the ground of delay in the conclusion of the trial.
Ashish Davessar
Advocate
Punjab and Haryana High Court
Supreme Court of India
ajay sethi
(Expert) 26 November 2012
since Mr ashish Davesaar is practising in Punjab and Haryana high court contect him for filing petition for quashing
Rahul Sabharwal
(Querist) 27 November 2012
Thank you a lot Mr.Davessar. Your response is very very soothing. I would like to contact you personally for filing the quash petition in the HC. Can I call you on the number mentioned on your page?
Warm Regards,
Rahul Sabharwal
Guest
(Expert) 27 November 2012
Welcome.
Yes you can.
