narain raj (student) 27 December 2012

Quashing charge sheet (offences commited outside india 498a)

FIR summary:

All the allegations in FIR has been framed against me as committed in abroad (Total period 2months).

Remaining allegations are happened in India(4days).

My family members stage:

Except me all my family members on bail after returning her all sridhan articles at mediation cell.

My stage:

Since I am residing in abroad I didnt apply for bail yet and applied quashing.

Status in Police Station:

After applying quashing, FIR has been moved from city womens police station to local area womens police station.

HC hearing on Quashing FIR:

My lawyer verified in both city and local police station and district & local courts whether chargesheet has been made. Nothing was made until hearing day.And it went for hearing last weeek.
But at the time of hearing public prosecutor said to judge that charge sheet is already framed.My lawyer argued with judge that after applying quashing police moved FIR from city police station to local area station and already articles are settled by my parents and give stay order.

Judge replied like only articles are settled that is not related to other allegations framed. And judge adjourned to 3 weeks.

Lawyers current plan:

Now lawyer has applied for the charge sheet copy in local Magistrate court and expecting we will get acknowldegment no charge sheet has been framed yet.

My plan:

HC lawyer is charging heavy, so he suggested me to go with local lawyeri with recent judgements in local court to stop the local police in preparing charge sheet(as per section 188 proceeding should be illegal without central government permission).

I told my lawyer to argue in the next hearing with judge that Public prosecutor has lied in court saying charge sheet is framed. But my lawyer suggesting we should not point out that and get the stay order by showing no charge sheet is filed yet OR with proper proofs against charge sheet if charge sheet is filed already.

1)Is this correct way to get the stay order?

2)Can you please advise me asap with recent judgement to stop proceeding of police in preparing charge sheet if offences are happened in abroad (as per 188section).

3) Can we let them file charge sheet. And fight with the proofs in HC ? In this case I will get stay order first?

4) Argue in local court and stop the police proceeding in preparing charge sheet? I am confused which is the right way of doing.

Thanks in Advance.

Reply Follow

6 Replies

(Guest)

quashing FIR is not possible if even 4 days stay in india has allegations pertaining to it. the truth of allegations can only be determined through trial. quashing is only possible if you can prove that allegations have been made with oblique motives, which is very difficult to prove. allegations pertaining to your stay abroad cannot be used to prosecute you without central government permission. let them proceed for the time being in a careless fashion without getting central government permission, and you can use this requirement as a weapon in your trial to quash that part of the chargesheet which pertains to the stay abroad..

(Guest)

you need to get a more reasonably priced lawyer. look at the list of top experts on this site. some of them are very reasonable in their charges. you can email them and many of them will tell you their charges on email itself. do not bother to go the lawyer who demands a meeting just to tell his charges. your concept of having different lawyers for HC (who charges heavy) and for local court is also puzzling and detrimental to your pocket.

Shantanu Wavhal (Worker) 27 December 2012

dont go for quashing at such early stage.

let police file charge sheet.

let ur wife understand how difficult it is to make her 498a case stand in court.

its her case - she has to give evidences first.

let her run around - u just watch the fun

for quashing, u have to run around.

rajiv_lodha (zz) 28 December 2012

And applying for discharge bears more fruit as compared 2 applying for FIR quash

Shantanu Wavhal (Worker) 28 December 2012

yup, rajiv

narain raj (student) 30 December 2012

Thanks for the reply. I have already applied for quashing. And received the copy from local court that there is no chargesheet has been framed yet. And waiting for next hearing to get stay order.

And all of you suggested for me to go for discharge. Can I apply parellely for discharge while quashing is going on in HC? Where I have to apply.. in HC or Local court where my FIR is currently now.

And for quashing I never visited India. Can I apply discharge without going to India until the entire process gets completed?