Prabhu (SE) 31 March 2013

When to apply for quash of chargesheet

Hi All,

Require your guidance and suggestion.

498 case was filed wherein 5 members were included.

police has excluded 2 members in the initial interogation. that is after all the persons got AB.

Now chargesheet has been released and 3 member names were included , me , my mother and my brother.

My brother was not staying at all with us and hence she has filed all false cases on my brother and all of us to screw up our lives .

My brother is still studying and hence he cannot go anywhere for further studies because of this case

We approached a lawyer in Andhra Pradesh for applying Quash for my brother.

The lawyer applied for quash and it is also listed it seems but when i asked one question that, is there any possiblity of including other 2 members also who were removed from the charge sheet , then his reply was that yes they can be included again.

But if the CC number is generated then nothing would happpen , Now till now CC number has not come , we were able to get a copy of Charge sheet thats it and that too a xeroxed one.

So do you advice us to wait until CC number is obtained and then apply for quash or goahead and apply for my quash.Please remember that the quash is applied already so do you want me to postpone that petition until i receive a CC number for the case.

Also , is there any possibility that the 2 members who were removed from being listed , can they be included again if i apply for quash , because applying of quash will send a notice to the counter persons who filed a case and during this time , they will look at the Chargesheet and then they will come to know that 2 of them have already been removed and as CC number is not filed yet , can she include both of them again.

Please advice.

Prabhu

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3 Replies

Manish Udar (www.Mehnat.IN) 31 March 2013

Include all 5 names in quash petition by modifying it, and argue for each one separately.

www.mehnat.in

Ya_Ta (Software Professional) 31 March 2013

What do you mean by xeroxedCopy,Dude you need to get real copy from your lawyer,

Normally Junior lawyers take 50 to 200 and get you a certified copy .

if you are not getting the copy change the lawyer because he going to mess all things later (my personal experince)

Thanks

Prabhu (SE) 31 March 2013

Hi,

The 498 is filed in lower court and now i wanted to apply for quash in high court of AP.

I was not able to get the original copy from the lower court because the CC number is not received as we are still waiting for summons but somehow managed to get a copy of the Chargesheet.

Now what I wanted is ,

In the Charge sheet , my relatives names have been removed .Now there are three more left.Me , my mother and my brother.

My Question:

When i file a Quash for my brother , will there be any impact on the other 2 persons whose names have already been removed from the CS. Some say that when you apply a quash to your brother , the guys who have filed a case will come to know abt the CS and will later come to know that they have removed 2 persons and then can again go to court and add these two persons back into the CS.

Is that possible.

Can they include the names who have been already removed from the CS.Please note that there is no CC number which is obtained.

Prabhu