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Sec 482 crpc

(Querist) 29 January 2015 This query is : Resolved 
Dear Experts,

The matter is relating some FIR being lodged by some miscreants in Allahabad against the Trustees of a Trust which has got immovable properties in Allahabad. Against this the Trust filed a Criminal Misc Writ and got a stay order from Hon'ble HC Allahabad - No arrest till the submission of charge sheet by police under Sect.173(2) CrPC. it also suggested that the FIR was defective and is registered basing on false information.
In such case, what is the possibilities of Section 482 of criminal Procedure Code- inherent power of High Court to quash FIR. Can the Trust file the same and get a suitable order?
Devajyoti Barman (Expert) 29 January 2015
no comment can be made on the merit of the quashing merely on the basis of this scant information. All the necessary papers and the orders needs to be seen.
Rahul Lahiri (Querist) 29 January 2015
Expected a better response than this. Thanks for reply anyway.
ajay sethi (Expert) 29 January 2015
it has to be proved during trail that false information was given . HC wont quash FIR merely on basis of statement that FIR regd on false information . fight case on merits
Devajyoti Barman (Expert) 29 January 2015
To expect better response you need to furnish information.
We are lawyers who gives opinion of perusal of papers.
Rahul Lahiri (Querist) 29 January 2015
Dear Expert,

Please do not take it otherwise. But I dont think this a proper forum to share documents and orders relating to the case. For that I think a conference in person would be better.

Regards
Rajendra K Goyal (Expert) 29 January 2015
Consult local lawyer and show him all the documents.


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