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madmax.is20 (Engineer)     14 February 2012

Family friends arrested!! to file hc quash or not?

Respected members,

A family friend of ours got arrested.They were a trio consisting of 3 brothers for breaking in an office.They were actually framed by the person who owned the office because the owner of the office owed them a great deal of money.They have a case against them in magistrate court.The magistrate court ordered bail for all 3 of them with conditions.

Condition1.>Was not to leave India without permission from court(1 of them works abroad so he had to leave)Condition2.>Was all 3 were to report to police station for 2 weeks(the same 1 could not as he had to leave for work)They were going to make an application in magistrate court for exemption of conditions for 3rd person due to unavoidable conditions but they were recommended by those very court ppl(like the peon & JCW) to not do the same since the same Judgy will rule of the matter.......

The other 2 brothers observed all conditions.But now since 1 of them could not follow the conditions the police submitted a report to court saying 1 of them did not report to them

My question is that they want to file for quashing in high court, will high court ask for the 3rd person? Will high court look into the conditions put forth by the magistrate court and that they have been followed or not?

Thank You



Learning

 2 Replies

Sanjeev (Lawyer)     14 February 2012

The cases cant be quashed without trial and there is no reason why HC would quash the same. The bail condition has been violated which means that the court can pass non bailable warrants against the 1st person violating the condition and the bail would be cancelled.

Till the time he is not in India he is safe but once he surrenders he would face difficulty in getting bail again.

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

Quashing is based on contents in FIR & if HC terms it as abuse of process of law to let the trial continue.

NBW can be issued against 1st person after trial starts.


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