Quashing of fir u/s 482 crpc
Tashi Norbu Basi
(Querist) 24 February 2012
This query is : Resolved
Greeting to all,
I had lodged a FIR and the police during investigation arrested the accused. Accused was granted bail by Court. Having completed their investigation the police filed chargesheet. The accused was summoned and he appeared and received his copy of FIR. On the next date, the accused was absent. The Defense Counsel said accused or his wife was unwell so acc was unable to appear. On next date also the acc was absent. His Counsel told Court that he had neither information nor instructions from acc. Warrants were issued against acc and surety. Next date, same story. This happened for several dates. Neither acc nor his surety appeared in Court nor were they to be found.
Now accused has filed a petition u/s 482 CrPC in High Court for quashing of FIR, saying no criminal case is made out in FIR. I am the complainant but have not been made a party to this petition for quashing.
I understand the general arguments governing quashing of FIR.
What I want to know is will the fact that (1) acc has been absconding and both he and his surety have been evading the warrant issued by Court and (2) I have not been made a party to the petition for quashing, effect the decision of the High Court and if so, how? Citations please, if possible.
Thank you.
Raj Kumar Makkad
(Expert) 24 February 2012
If you feel satisfied with the citations then I refer you plenty of law books. go, read and derive case laws and if you have to get the free of cost opinion then leave case law and note down the legal provision applicable to your case.
You have not written, how did you come to know that the accused has moved a petition under section 482 Criminal Procedure code?
If through trial court then move an application before high court and become a party to the petition and put the entire act and conduct of the accused before the court. High court has full power to deal with all points connected with the case. No mercy shall be shown in favour of such person/accused who has no care for law.
Shonee Kapoor
(Expert) 25 February 2012
You can become a party by moving an application in HC.
HC may reject the quahsing petition, if the conduct of the party is shown.
One thing I fail to understand why the trial court did not start the proceedings u/s 82 and 83 of CrPC.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PS: Try www.indiankanoon.org for searching citations.
Nishith P Thakkar
(Expert) 25 February 2012
make an application for party joining as you are the aggrieved person and it is your fir.
if accused is absconding and not answereing the warrant , take record papers of court and file writ before high court, under article 226 for direction to police for arrest of accused
Tashi Norbu Basi
(Querist) 25 February 2012
To Expert Raj Kumar Makkad,
I was unable to fully understand the first paragraph of your "expert advice" but your tone is unmistakably rude. I browsed through queries of some other people also and found your behaviour to be consistently obnoxious.
I don't think you've understood the object and intent of this website. It's not to get you paying clients (if you thought you'd get more clients from here .... lol that's hilarious). As it says at the top of this page, it's an interactive platform for lawyers and the Indian public.
The experts, I assume all are volunteers, are there to shed some light on the dark maze of the Indian legal system, thereby giving some direction and relieving a lot of angst of the general public. It's a very noble thing that they are doing. And, though they may not know specifically, there would be thousands like me, who are most grateful.
Anyway, this is my last visit to this site. I am already troubled and can do without the added torment of rudeness.
For the rest of the experts, thank you very much sirs, I am eternally grateful.
