yogesh (will tell you later) 09 November 2012
If challan has been filed by Police u/s 498-A/406 cases before the magistrate and date has been fixed for framing of charges. In such case if the Ld magistrate is not cognizance to take offense on the basis of its jurisdiction..In such case whether petition for quashing proceedings to be filed (u/s 482 CrPC ) before framing of charges or after framing of charges??
Rahul Kapoor (Legal Enthusiast) 10 November 2012
hello,
once chargesheet has been filed then FIR cannot be quashed.
and yes on the basis of jurisdiction FIR can be quashed.
regards-
rahul.gogreen@gmail.com
yogesh (will tell you later) 10 November 2012
Thanks for reply, But here the challan has been registered and directions has been made for next date for framing of charges..Whether it is right to proceed u/s 482 for quashing of proceedings or wait till charges will be framed by trial court???
Because many says that proceedings cannot be quashed once the charges has been framed by trail court
Rahul Kapoor (Legal Enthusiast) 10 November 2012
hello,
if challan has been filed by prosecuting agency still there are chances for quashing,
once charges has been framed. you cannot apply for the quash.
regards-
rahul.gogreen@gmail.com
yogesh (will tell you later) 10 November 2012
Dear Hare Ram,
No its challan for 498-A/406 case..The accused are there on regular bail
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