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Domnic   07 August 2016

Quashing of fir 323/34/341

Respected Sir, I am a RWA member so with lot of request from the govt authorities we finally got the road made.But then the road was wet and we all members barricade the whole road as it would have been damaged if someone would have walked on the newly prepared road.Then suddenly a man came and forcibly entered the road,he was completely drunked.So he started fighting with us.We called the PCR and police reached the spot and he ran away from the spot.The all the neighbours of the society said that the matter should be amicably.So we told the Police to go back.Then the next we saw that he filed a FIR against me. I was booked under charges 323/34/341.The chargesheet has been filed and the trial is on the way to call his EYE WITNESS.I have the RTI which Says that the call was made from my number to call the PCR and it reached the spot.And in my application I have around 40 people who have signed in my applicatIon. So my questions are:- 1.) should I file a quash petition under the High Court. 2) After listening to the facts what you all think how much chances are of it getting quashed. We even have the CCTV footage of the locality where we were seen bare hands.And he wrote in his FIR that I was walking in the street and suddenly i came up to him and hit him with rod. He is also seen abusing women and was coming to fight before we all went to stop him. Your answer's would be highly anticipated.


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 3 Replies

Sudhir Kumar, Advocate (Advocate)     07 August 2016

Nothing stated that trial is started

 

1.) should I file a quash petition under the High Court. 2) After listening to the facts what you all think how much chances are of it getting quashed.

YES

P. Venu (Advocate)     07 August 2016

Any suggestion depends upon the contents of the chargsheet.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     07 August 2016

I dont think the trial shall be quashed on these grounds alone unless the facts of trhe FIR and the chargesheet do not consitute the said offences. However you may opt for leading the CCTV footage as part of your defence evidence and hence establish a strong rebuttal.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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