Quashing of an fir
WHATSAPP 91-8075113965
(Querist) 16 July 2014
This query is : Resolved
SIRS,
There was a land dispute between two persons. The case of the plaintiff was that his neighbor encroached upon his property by erecting a late rate stone wall and when the plaintiff questioned his high handed act , he assaulted him , abused him using filthy language and man handled the village office staff who came to measure the property.
... and now the civil case is pending before the sub court.
meanwhile , i have filed a criminal case based up on the same facts, incorporating sections 447, 323, 294(b), IPC etc.
Now , that case is also pending before the magistrate court.
Now the accused , herein has approached the high court for quashing the matter. but, high court , instead of quashing the matter, stayed it for the time being ...
and, now finally posted for hearing the case.
so, respected experts, i need apt citations to show that this case is not fit for quashing.... and he should be compelled to face the trial at the magistrate court for his high handed act.
he can , at the most , approach the magistrate court for discharge.
thanking you all, sirs..
SALIL KUMAR
ADVOCATE
THALASSERY
Devajyoti Barman
(Expert) 16 July 2014
sorry gentleman citations do not apply here. Pendency of civil suit is hindrance for continuation of criminal proceeding. It is unlikely to be quashed.
V R SHROFF
(Expert) 16 July 2014
SALIL, YOU NED TO DO YOUR OWN LEG WORK/ HOME WORK.. CAN DELEGATE TO YOUR COLLEGUES
ajay sethi
(Expert) 16 July 2014
search in indian kanoon .com for citations
