Quashing of complaint case
S.K.
(Querist) 03 May 2013
This query is : Resolved
I have filed a complaint case and cognizance have been taken u/s 420 and 120B. The accused have been issued summons, NBW, and notices u/s 82. Till date they have not ever appeared in the court. By bribing the local police they have managed to avoid the arrest also.
There ABA have been rejected twice by the High Court and and once in two different courts of Supreme court (as they had filed it separately).
Now they have gone for quashing u/s 482 and notices have been received by us and has stayed the arrest of accused till further orders.
Here they have suppressed the fact in their petition that their ABA has been rejected one more time by High Court and thereafter by Supreme court. The High court has clearly written in its judgement while rejecting ABA that prima facie there is a case against the accused and hence the rejection.
My queries are:
1. Can High Court entertain the quashing case where ABA has been rejected by the Apex Court. Does not the rejection of ABA imply that the Apex Court has found prima facie case against the accused to be true?
2. The Judge at which the quashing case is pending is famous for his generosity in quashing the cases. In case he quashes the case, what should be my next course of action to bring the accused to the book.
Nadeem Qureshi
(Expert) 03 May 2013
Dear Querist
see the relevant Judgement of your query at
http://nadeemqureshi1.wordpress.com
Inherent power of quashing criminal proceedings should be exercised very sparingly and with great circumspection.
Raj Kumar Makkad
(Expert) 03 May 2013
If thus us your repeated query then no reply is to be given by me.
S.K.
(Querist) 04 May 2013
Nadeem Sir, My main query was:
Can High Court entertain the quashing case where ABA has been rejected by the Apex Court. Does not the rejection of ABA imply that the Apex Court has found prima facie case against the accused to be true?
Pls. throw some light on it.
prabhakar singh
(Expert) 04 May 2013
quashing case is different than rejection of ABA.
