regarding quashing of case in high court
RC Gayatri
(Querist) 10 August 2010
This query is : Resolved
There is one case filed against me last year on august 22nd 2010 that i have sent obscene sms to a gentleman(who is a known person to me) from the website way2sms.com. i was arrested on 22nd evening and on 23rd morning at 10 i was released on bail. case is registered under the section U/s 292 of IPC. recently police have filed charge sheet saying that they did not get information from my mobile operator airtel which suggests that i have sent any sms to any one(leaving apart obscenity). infact i did not sent any sms to any one in obscene manner. the person who raised complaint against me is a known person to me right from my childhood and he vows some money to me. I did not get that from him and in anger i shouted on him.
now that charge is filed saying that there is material or evidence available which suggests that i have sent any sms to any one. some one has given me suggestion to apply for quashing of case in high court as it is waste of time going and attending to court for every schedule.
can you suggest me if quashing of the case is the most appropriate thing for this. as this is almost 1 year old case, judge is not paying enough attention.every time my case arguments get postponed to next month.till now i took leave 6 times in my office to attend to court.
Can we apply for quashing for this case ?
Can we succeed by appyling to quash the case ?
if so how much will it cost ?
how many days/months/years will it take ?
Do we have to attend to court during the time of quashing ?
Can you please help me out with all the above.I will be very thankful to you.
s.subramanian
(Expert) 10 August 2010
yes.you can seek quashing before the high court. you have good chnces of sucess.
R.Ranganathan
(Expert) 10 August 2010
I agree with Mr. Subramanian. You approach the High Court to quash the proceedings since you say the Airtel have also had stated no sms has been sent through your cell. This is a good ground. The costs and other expenses will solely depend on the individual advocates. But it is the best idea to quash the proceedings.
Devajyoti Barman
(Expert) 11 August 2010
Yes
Success is rare in quashing case.
Cost depend upon the advocate you hire.
It may take 6-8 months.
No.
