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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2011

Quashing the fir

Dear Friends

The query is

if the magistrate passed an order on a compalint filed u/s 156(3) Crpc to regiatered the FIR against accused without recording the statements of the complainant. the accused want to file a writ petition before the high court but the original order and FIR is not in court file and the accused could not get the certified copy of the same, what is the next step? wait or any other option



Learning

 5 Replies

ajay sethi (lawyer)     14 October 2011

check the copy of roznama . it must be mentioning order has been passed .

make an application for certified cop y of the order .

kuldeep kumar (lawyers)     14 October 2011

YES CHECK IT AS ADVICED BY MR SETHI.ROZNAMA MUST GET ORDER FROM MAGISTRATE OTHER MAG WUD NOT HAVE ORDERED.I THINK U SUD WAIT TILL FORMALISATION OF MATTER.

sriram kartik (Advocate)     15 October 2011

without certified copy of FIR or Private complaint u cannot file any petition in HIgh Court .

u can revoke U/s 482 of Cr.P.C to quash the same

Shahid Nazir Jarra (CEO)     17 October 2011

Dear Nadeem, 

without certified copy of FIR or Private complaint u cannot file any petition in HIgh Court.
But if there is any sound reason then U can file it with suspension of documents. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 October 2011

Thanks all of you


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