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Whether crm-m can be filed for quashing of chargesheet if already filed for fir?

(Querist) 09 November 2012 This query is : Resolved 
I am resident of Delhi and my father and Bother(Husband of bride) and have been falsely implicated by State Police ( Haryana) on the basis of the complaint filed by my sister in law father at his home town.I have been given A.B by District Court (ASJ) and thereafter given Regular bail by their Ld Judicial magistrate of their Ilaqa on surety
Therafter I individually( without joining my father abd Brother) filed the Criminal Miscallnous Petition before the Punjab Haryana High Court for quashing of FIR as the same was filed mechanically without preliminary enquiry and scrutiny and allegations in the FIR has not been connected to my personal life

The Hon'ble High Court issued notices to the respondents, Police and the complainant

Therafter Police has filed the Challan which I have collected by me along with other 2 accused

Now can I file the separate Criminal Miscallnous Petition along with my father and Bother( as parties) for quashing of chargesheet on the basis of territorial Jurisdiction as the learned magistrate cannot take cognizance of offence as alleged cause of action has taken place in New Delhi and nothing there isn FIR has ststed that alleged crime has taken place in the place of the complainant which is also contrary to 177 of CrPc?

Why I am asking is that previous CRM-M relates to FIR only in case if its is get qauashed, I only will get the relief

Now I want to quash the chargesheet on the basis of Territorail Jurisdiction, if its is quashed then we all 3 may get the relief..

Please comment
Devajyoti Barman (Expert) 12 November 2012
That is why it is never advisable to challenge FIR. You should have waited till submission of charge sheet.
Anyway now seek liberty in the high court to challenge the CS instead of FIR.
Else you have to withdraw the earlier petition and file afresh which would be a wastage of time.
yogesh (Querist) 12 November 2012
Sir, In previous Criminal Main Petition, I am the sole petitioner as no specific allegations are made aginst me ( Brother in law of bride) So, I choose to file the petition solely in my name

Now in this new petition, I want to make all trio ( my father and brother(husband) by challenging the territorial jurisdiction of the Ld magistrate who has regsitered the chargesheet without applying judicaL MIND,
So is there any harm if i file the fresh CR.M as new developments have taken place by joining other 2 as petitioners as party??..Please comment
Ashimta Lekhi Malhotra (Expert) 13 November 2012
Withdraw the earlier petition and file a fresh one for quashing of the chargesheet.


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