Priyaprasad D 29 November 2021
Shubham Bhardwaj (Advocate) 29 November 2021
Dear Sir,
Quashing petition must be filed only if it is covered under the precedents governing Section 482 Cr PC. One of the basic criteria is if on facts as mentioned in the FIR or chargesheet, the offence is not made out. However in your case since evidence has already started therefore it means that the charge has already been framed. If charge has already been framed then it means that court is prima facie satisfied that there is sufficient evidence to proceed for trial. Ths chances of quashing would be slim to none. Thus, quashing petition may prove to be a bad decision.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
P. Venu (Advocate) 29 November 2021
You have not posted the material facts.
Advocate Bhartesh goyal (advocate) 29 November 2021
Since trial has commenced so no chances quashment of charge sheet.
Priyaprasad D 30 November 2021
Shubham Bhardwaj (Advocate) 01 December 2021
Dear Sir,
Whether the evidence is sufficient or not is a matter of trial. Further, since the judge is prima facie satisfied that there is sufficient evidence to proceed with the trial, the chances of quashing succeeding is very very low. I would not recommend to go for quashing at this stage.
Regards
Shubham Bhardwaj (Advocate)