PRASUN DAS (DY MANAGER) 03 December 2014

Sec-482

Respected Members,

I want to file sec-482 for queshing of false FIR U/S 498A/406/DP Act my question is,

filing of charge sheet is necessary by police to court for queshing of any FIR?

Regards

Prasun Das

Reply Follow

6 Replies

P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT) 03 December 2014

Filing of charge sheet is not necessary for the Court to quash the FIR.At any stage it can be interfered owning to inherent jurisdiction vested.

P.Thangavel,Advocate.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 December 2014

Dear Querist

if you are going to file quashing the FIR then Charge Sheet Has no value but if charge sheet has been filed then file a quashing petition for FIR with subsequent proceedings

nikhil singh (Advocate) 03 December 2014

Answer is in your question. You are going for quashing of FIR then, Charge sheet is not required. But the moment you file Petition U/s 482 for Quashing of FIR, prosecution will file a charge sheet or may say that will filling the charge sheet in a weak or 2 weak time. So there is no point of filling the Petition U/s 482 of Cr.Pc wait for the charge-sheet. If you have any problem with regard to attending the Court dates request your lawyer to file an application for permanent exempation

jyotirmaya behera (advocate) 03 December 2014

if you are going to file quashing the FIR U/S 482 of Cr.P.C,Charge Sheet not necessary. If charge sheet has been filed still you can file a quashing for FIR there is not any debarred. so you may file at any stage.

shafi ahmad (doctor) 06 December 2014

I am confused reading the replies as I have a similar case where my lawyer filed for quashing of FIR in patna high court.He later informed me that it got rejected as the high court wants us to file criminal writ petition instead of quash u/s 482 as police are yet to file chargesheet in the case. After reading the answers of various lawyers here, I am confused whether my lawyer if is misleading me