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Mani (Physician)     10 July 2012

Suggestions for an nri

Hello Friends and helpful lawyers

I have followed advice given at this forum and have approached a lawyer for quashing of the FIR and charge sheet - sec 420,467 and 468.

My relatives have filed a case using an cancelled POA for a land transfer sayiong that I have tried to acquire a property using my uncle as POA.I have signed in the witnessbox- The POA has been canelled because the cosinger- for this POA my mother doid not attend in person so the department has cancelled the same.

My brother and other members out of jealousy had filed a FIR when I was absent and abroad.

supposed Incident occured in 2006 FIR filed in 2008 . I am an NRI and was not in India when FIR was filed.asmenitoned earler I am a Dr working abroad.

They want to drag me to India and loose my job abroad.

I have follwed advice given by lawyers in this forum and approached a lawyer in Chennai HC who said quashing is a good option and can be done.

My query is

How is quashing don?

On what ground is quashing given in this case?

How many days does qaushing takes?

Can i come to India  when the case is proceeding?

Can I visit my place ?

How confident can i be on getting my case quashed?

The lawyer after reading the charge shhet laughed and asked how can family memebers be so cruel? he said very easily case can be quashed.

I am writing in the forum because it this forum that adivced my to go for quashing.

any more suggestion in any regards is welcome

Thanks

 

Mani



Learning

 2 Replies

Mani (Physician)     10 July 2012

Hello

My lawyer in chennai is requesting for Vakalat to singed by me -- is it needed for quashing a case??

Thanks

 

Mani

MADURAI LAWYER (LEGAL CONSULTANT)     11 July 2012

Dear Sir,

Delay in lodging F.I.R. , if properly explained, cannot be fatal to the prosecution. The same can be explained during the trial. Therefore, delay itself  is not sufficient for quashing the F.I.R. 

Though vakalat is not necessary in criminal matters ( for quashing of the F.I.R.), you are requested to sign the vakalat so that you cannot deny in future that such a request has never been made by you to that particular advocate. Memo of appearance is filed in criminal matters which requires no signature of the accused.

If you have any doubt, you can speak to me on 9842197857.

 

https://www.jeevaganadvocate.com/contact.php


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