Mrright (Student) 03 November 2011

Quashing of fir

Hi, my friend has filed for quashing of a FIR against me in high court

police was sent notice 4 months back to file a reply as judge accepted our plea for quashing

my concern is that police won't file a reply in court, will that run his case longer. He wants to get out of this mess ASAP

there is absolutely no case against him but we all know how Indian judisction Works and it could run into months or years

Can you please help us what should be our action if police doesn't want to file a reply

will our case be pushed further 4 months back or there will be summon sent to police to make it fast

please help us, my friend is in dire need of safe pathway out of it

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6 Replies

Mrright (Student) 03 November 2011

Originally posted by :Mrright
"	Hi, my friend has filed for quashing of a FIR against me in high court police was sent notice 4 months back to file a reply as judge accepted our plea for quashing my concern is that police won't file a reply in court, will that run his case longer. He wants to get out of this mess ASAP there is absolutely no case against him but we all know how Indian judisction Works and it could run into months or years Can you please help us what should be our action if police doesn't want to file a reply will our case be pushed further 4 months back or there will be summon sent to police to make it fast please help us, my friend is in dire need of safe pathway out of it	"

Quashing of FIR AGAINST HIM**

Saurabh..V (Law Consultant) 03 November 2011

@Author

When "Quashing of FIR" is prayed it is originally prayed before hon'ble High Court under S.482CrPC. When Court accepts the prayer and orders police for reply, then police is duty bound for filing report. If police fails to reply within 4months then court is open to take action against errant officer.

You just keep your arguments ready after 4months.

//peace

/Saurabh..V

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 03 November 2011

The court would issue final notice to the police and if they fail to file a reply by then, the HC can quash the case.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Mrright (Student) 03 November 2011

Thanks a lot Saurabh and shonee, your replies have made our day and we are releived to know that Police either has to file a reply within set period of time otherwise our case will be quashed.

Do you guys have any link which support what u have mentioned here so that we can use that in court.

thanks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 November 2011

Means what? What links do you need?

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Mrright (Student) 04 November 2011

Hi Shonee, I mean as you and mr Saurabh has pointed out that either they have to file reply in 4 months or they will be presented with final notice, is this something written in indian law, the whole procedure or it is just a common practice that judges take.

If its the latter than we have to ask our lawyer to push for such judgement. If there is any law in writing speicify this then we can quote that

cheers