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John Constantine   03 November 2018

FIR quashing procedure

She filed FIR under 498a in PS and sec 12 DV act in court. we moved for FIR quashing in HC. What will happen next after two hearings in HC ??


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 2 Replies

S.JEEVAGAN, Madurai. (Advocate, High court )     03 November 2018

Hello sir,

You are talking about quashing of 498A and DV case. If the de facto complainant or the State represented by the concerned police station or both of them wanted to raise their objections against your quash petition, then it is open to them to file their counter. Then the counsels of the respective parties will argue their case in the open court. The Court will quash F.I.R. or Charge-sheet in any case when there is no even prima facie case in the said complaint. If the allegations levelled against you in the complaint make out a prima facie case, then the Court will not quash the F.I.R. or Charge-sheet as the case may be. You will have to prove your innocence only by facing the trial before the concerned Magisterial Court.

karan   15 November 2018

In my 498a i didnt go for quash as I wanted to face the trial and have very good documentary evidences and knowing that the quash is very dificult and will delay the proceedings. 

Now i am being denied the right to fair trial. Attended all case hearings, PW not present in any hearing even got summon served still not present. no warrants against them.

I being present in the court and on bail granted by high court . the majistrate bluntly lied on order:

The bail cancellation order was File put up after lunch break again. Case being called several times since morning but none has appeared on behalf of accused. Waited sufficiently. It is already 04:30 PM. Further wait not justified. Bail of accused person are hereby cancelled. Bail bonds and surety bonds of accused are forfeited to the State. Now, accused person are ordered to be summoned through warrant of arrest for 17.11.2018. Notices to their sureties are also issued for the date fixed 

applied for bail from session got bail and order:

From the perusal of record, it is crystal clear that earlier the petitioners have been regularly appearing before the court and even on 30.10.2018 they did not appear before the court. Perusal of the record further shows that the bail application was moved by the petitioners after one day of issuance of warrants of arrest. Moreover, since learned trial court has issued non bailable warrants against the petitioners for procuring their presence during the court proceedings, is no ground to say that they have no right to seek pre-arrest bail by invoking the jurisdiction of the Court under section 438 of Cr.P.C. Accordingly, in the instant case, without elaborating further and commenting on the merits of the case, the petitioner is admitted to anticipatory bail subject to his furnishing bail bonds to the satisfaction of the learned Trial Court/Duty Magistrate. The petitioner is directed to surrender before the trial court/Duty Magistrate on or before 17.11.2018, the date already fixed, to seek regular bail. In the event of surrender before trial court/Duty Magistrate, the petitioners shall be admitted to bail on their furnishing bail bonds to the satisfaction of the learned Trial Court/Duty Magistrate, as referred above. However, it is made clear that if the petitioners fail to surrender before the Trial Court/Duty Magistrate on or before the stipulated date, then the applications will be deemed to have been dismissed. The applications are allowed accordingly.

applied for cctv under rti invoking life and liberty got answer cant give as directed by high court. but got it preserved

Now at 2pm have to go for surities today but the majistrate is not going to accept easily and do all dramas and abuse my relatives.

The majistrate wants me to compromise as i have a lot of evidence and want to fight the case.

Now how to fight the judiciary ??


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