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Ram (Founder)     23 September 2011

Ipc 324 - quash possibility

Hello Experts,

It is very surprise to my knoiwledge to know that people can file a criminal case with self injuries under IPC 324. in a conspiracy act. The evidence produced to Police was a Doctor certificate with a false claim of hit and run.

In such situation what is the possibility of success in quashing such false claims by High court and how can it be controlled the misuse of Law by people.

.



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 September 2011

In my opinion Hgh court wont quash because it requires to be proved in a trial

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 September 2011

after a long time I am happy to see that you are now not promoting QUASH.

Suggesting QUASH is cruel joke on the innocent victims to come in clutches of legal system without any results.

Ram (Founder)     23 September 2011

Thanks for the response.

But if QUASH is not applicable in such false cases, then this is easy way of accusing opponents for monetory benefits. It will be rediculous to wait for a trial to complete which can be too long and any one can defame for with such false allegations by just self hitting/injuries/doctor certificate/created ey witnecces etc.

Firstly it is very bad in our system that police can lodge FIR just based on false witness and allegations without considering the truth and not looking at evidence properly and no proper enquiry at local premises.

Will there be any punishment for Police in such cases either in QUASH or after the case trial if it is proved that it is a false allegation.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 September 2011

there is hardly five to ten percent conviction rate in criminal cases so the rest must be QUASH  material. It is no , if this argument is taken we have to close all lower courts. There are about 50 to 100 lower courts for one HC judge.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     27 October 2011

I think you should approach this in an entirely different manner. Forget about police, quash etc the way you are thinking.

 

You need to prove that the evidence is untenable because of this, this, this. An untenable evidence will not be considered for a verdict.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 October 2011

Self inflicted injuries for quashing?

 

Depends  on contents of FIR only

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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