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Surya (Manager)     09 February 2014

Magistrate's cognizance on 498 chargesheet

Hi,

I need help on handing this issue. FIR was filed on me including 3 other family members under 498A and 406. In Charge Sheet, A2-A4 names were not included by specifying lack of evidence to prove the crime and only A1 was mentioned. But the Magistrate took cognizance on all (A1 to A4) and issued the summons. 

Please advice me on next steps. Can A2-A4 go for Quash in High court? Can we ask for complete dismissal of the case against A2-A4 as the ChargeSheet clearly saying that there are no evidence. What are the other options for this case.

I really appreciate for your valuable suggestions..

Regards!!

 



Learning

 2 Replies

Dr J C Vashista (Advocate)     09 February 2014

Yes you can move to High court for quashing the FIR or Sessions for setting aside the order passed by Magistrate for taking cognizance.

T. Kalaiselvan, Advocate (Advocate)     09 February 2014

A quash petition will be maintainable before the high court for entire accused


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