quash of chargesheet

Querist : Anonymous (Querist) 12 July 2010 This query is : Resolved
can a quash petition be filed after the plea recording of accussed while framing charges and also after witnesses have been summoned ?

Follow Query

Report Abuse

Kiran Kumar (Expert) 12 July 2010
if the charges have been framed then better go for Revision rather than quashing.

Daksh (Expert) 12 July 2010
Dear Anonymous,

There is no such bar in filing of a quashing petition the only thing which is to be seen what relief at the best can be sought for by doing this. If after recording of the witness of the accused on the basis of record if it is worth satisfying the High Court that no case could be made out then it is o k otherwise not. But for the practical reasons the courts usually during pendency of trial do not ordinarily entertain such petition.

Best Regards

Daksh

Devajyoti Barman (Expert) 12 July 2010
The stage is still ripe for going to quashing. In quashing the high court never take into account of what the witnesses have testified.