Quashing of Chargesheet u/s 482 after rejection of writ
Legal Fighter
(Querist) 31 August 2009
This query is : Resolved
Hello Sir,
A person went to High Court for quashing of FIR in Crl. writ but high court refused to do stating that prima-facie offense is made out. Now chargesheet is filed against him. He again goes to high court for quashing of chargesheet u/s 482 CrPC. Is it permissible? Can anybody provide me such Supreme Court judgment which puts bar on such quashing petition. Please let me know at the earliest.
Thanks & Regards,
Manish
PARTHA P BORBORA
(Expert) 31 August 2009
the first petition wasrejected on the ground that there is a prima faci case and as there is a prima faci case as opined by the high court u just submit the certified copy of the previous order before the court.
Kiran Kumar
(Expert) 31 August 2009
Manish Criminal Revision lies against charge.
we dont know what are the offences and which court has framed charges.
if it is by Magistrate then the revision lies before the Sessions judge.
if the Sessions Judge dismisses it then only u can go into quashing.
but as u said the HC had already given its opinion that prima facie case is made out then dont expect too much from high court...better is to face the trial....rest u better know abt the merits of the case.
Legal Fighter
(Querist) 31 August 2009
Dear Kiran Sir,
482 is inherent powers of High court and quashing of chargesheet has been filed before appearing in the trial court. The accused were granted arrest stay (Allahabad HC) when they came through Writ after filing of FIR and at that time, HC refused to quash FIR stating that prima-facie offense is made out.
Kindly suggest.
Thanks & Regards
Kiran Kumar
(Expert) 31 August 2009
Manish, the observation by HC that prima facie case is made out was in fact more damaging to ur case.
if such orders are passed then the trial court judges refuse to apply their mind thereafter.
if u r already having conccession of bail then better face the trial.
in ur case first the high court says the prima facie case is made out and then charges are framed, i dont think now the high court will interfere on the other side....rest all depends upon the facts and circumstances of the case, if the trial court has not appreciated the preliminary evidence prior to the framing of charge then u can have some chance.
in P&H high court, it is only revision against charge that is entertained not the quashing petition against charge, i dont know what is the opinion of Allahabad High Court.
Legal Fighter
(Querist) 31 August 2009
charge has not been framed yet but its only that the police has filed chargesheet in the trial court. accused haven't appeared before the magistrate and they still have to seek bail by appearing as arrest stay was granted till filing of the chargesheet.
Kiran Kumar
(Expert) 31 August 2009
the chargesheet u r reffering to is also called challan.
let the police file challan, the magistrate may or may not accept it...against challan u dont ve instant remedy prior to the opinion of the magistrate.
magistrate will c whether investigation has been done properly or not...if charges are framed then move into revision.
i dont find any reasons to approach HC at this stage (as u mentioned), u may get another dismissal order....wait till the magistrate decides upon the challan.
deepak kumar
(Expert) 31 August 2009
we must keep in mind that the stage of the case has changed first it was at the initial stage of lodging of FIR when writ was filed.
now stage has changed and investigation has been completed then a quashing petition will lie ( i am not expressing my opinion on merits )however it seems to me that filing a quashing of chargesheet is waste of time and money but if it was for the purpose of stay then the purpose has been fulfilled and nothing more should be expected from it.
A. A. JOSE
(Expert) 31 August 2009
I agree with Mr.Kiran Kumar.
Adinath@Avinash Patil
(Expert) 01 September 2009
Mr.Manish,
Go through the ruling cited in 2001[1] sccpage417 charanjit singh v/s sudhir Mehra.It will help you solve your problem.
Adinath@Avinash Patil
(Expert) 01 September 2009
Mr.Manish,
Go through the ruling cited in 2001[1] sccpage417 charanjit singh v/s sudhir Mehra.It will help you solve your problem.
