swagath (md) 23 February 2012
dear friends i have certain doubt
1. in quash petition does the whole story of the marriage to filing of case should be said or not?
2. OR Just the allegation in the FIR shopuld be pointed out
3. Does in the first hearing the petitioner should explain the grounds in full or partial iuis enough to satisfy th judge.
4. Should the documents (Uncontrovened) should be submittted with petiton or during first hearing or at the time of argument?
kindly suggest
adv. rajeev ( rajoo ) (practicing advocate) 24 February 2012
It is not necessary to say everything in the petition. Just you have to argue how section does not applicable and how it is entittle for quash. And there is no wrong if it is said in brief about the mrriage story.
Advocate Shaad Anwar (Founder and Managing Partner) 24 February 2012
@swagath,
Kindly let me know wheather you are moving for quashing of FIR or quashing of Chargesheet.
In quashing of FIR, if the allegations made by the complainant presumed to be true than no prima facie case is made out than court will quash the FIR or the allegations made by the complainant is so improbable .
Thanks n Regards, Advocate Shaad Anwar K-160, Tis Hazari Courts Mob- 9811038828 shaad@mylawyerdelhi.com https://www.mylawyerdelhi.com
Dr J C Vashista (Advocate) 25 February 2012
In order to quash FIR you are required to move u/s 482 Cr. PC and convince Hon'ble High Court giving complete details, (no short-cut).
It is neither compulsory nor presumed that allegations levelled in a complaint are true in a FIR quashing petition as advised by Mr. Shaad Anwar.
Complete set must be submitted.
Advocate Shaad Anwar (Founder and Managing Partner) 25 February 2012
@ Dr Maj J C Vashista, #98911529,
At the time of quashing of FIR, court will not consider any documents file by accused.
One can move HC for quashing of FIR by preferring Cr. Writ Petition under article 226 of Constitution of India read with section 482 CrPc.
Regards, Advocate Shaad Anwar K-160, Tis Hazari Courts Mob- 9811038828 shaad@mylawyerdelhi.com https://www.mylawyerdelhi.com
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 25 February 2012
Thousands of quash petitions are dismissed at admission stage , only most exceptional cases are heard.
Please read the latest about QUASH FROM SUPREME COURT.
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