Quash - reopen

This query is : Resolved 
 

(Querist)
19 May 2019

Respected Sir,
I , the defacto complainant had filed an FIR and it was quashed without my knowledge. I neither received any notification nor the information from respective police. And quash order was passed in Jan 2018. I want to apply for reopen this in same high court with the main reason as quash closed without involving defacto complainant.
1. This is permitted in 482?


Dr J C Vashista (Expert)
20 May 2019

No complaint can quashed in the absence of complainant/ his lawyer, check the fact with your counsel.
What are the grounds for reopening a case closed in January 2018.
At this stage review of the case shall be impossible.
Is there someone else to lodge FIR wherein you have stated to be "de facto" FIR?
However, consult your lawyer who is an able, competent and intelligent enough to advise and proceed, besides the fact that s/he is well aware about the facts of case.

Harsha Harsha (Querist)
22 May 2019

Grounds:
- defecto cmplainant was not initimated of about that quashh petition itself.
- closed without knowledge /notice

defecto complainant - meant here as the complainant who has given the complaint. FIR was done by police

KISHAN DUTT RETD JUDGE (Expert)
24 May 2019

Dear Sir,
You have two options either to re-open the case before Hon’ble High Court by filing necessary application or take up the matter before the Division Bench/Double Bench or Hon’ble Supreme Court. Definitely it will be re-opened and you will be heard on merits.

Please mark “LIKE” if satisfied by my answer.



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