quashing of case in high court


There is one case filed against me last year on august 22nd 2010 that i have sent obscene sms to a gentleman(who is a known person to me) from the website way2sms.com. i was arrested on 22nd evening and on 23rd morning at 10 i was released on bail. case is registered under the section U/s 292. recently police have filed charge sheet saying that they did not get information from my mobile operator airtel which suggests that i have sent any sms to any one(leaving apart obscenity). infact i did not sent any sms to any one in obscene manner. the person who raised complaint against me is a known person to me right from my childhood and he vows some money to me. I did not get that from him and in anger i shouted on him.
now that charge is filed saying that there is material or evidence available which suggests that i have sent any sms to any one. some one has given me suggestion to apply for quashing of case in high court as it is waste of time going and attending to court for every schedule.
can you suggest me if quashing of the case is the most appropriate thing for this. as this is almost 1 year old case, judge is not paying enough attention.every time my case arguments get postponed to next month.till now i took leave 6 times in my office to attend to court.

  1. Can we apply for quashing for this case ?
  2. Can we succeed by appyling to quash the case ?
  3. if so how much will it cost ?
  4. how many days/months/years will it take ?
  5. Do we have to attend to court during the time of quashing ?

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Private

I am sorry but what exactly is the Final Report from police is saying? Do they have any material evidence to suggest that you sent them that SMS or not? If there is no evidence then police would have filed FR accordingly and the case is closed... Please provide bit more details on the charge sheet and what evidences they have to support their case.

FYI. You can apply for quash once the case in a criminal court and if you have merit of the case on your side....IF you apply for quash at HC then u need not appear in person (your lawyer will do). The result will usually be known in months and not years...

But we need more specific details on what I have asked above...


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Private

Also, you may want to do this.... Get a copy of the docket (Court Proceding sheet) for your case to prove that it is being adjourned without any just cause. Assuming that the prosecution hasn't shown up during those hearings then you can apply for dismissing the case for want of prosecution... But you need to build the case for the same and make an application appropriately.

If the JM rejects it then you can appeal on that which may be another way to get it quashed....


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Hi ,

Police filed charge sheet saying that they did not get any material evidence from the mobile operator that i have sent any sms to that person.

now my question is

  1. Can we apply for quashing for this case ?
  2. Can we succeed by appyling to quash the case ?
  3. if so how much will it cost ? i know it varies from lawyer to lawyer .but i want to know abt minimum expenses of that
  4. how many days/months/years will it take ?
  5. Do we have to attend to court during the time of quashing ? Do i need to attend to high court.Do i have to attend local court here even if i get exemption to attend high court ?

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Private

Ok but what is their conclusion? Are they saying that you committed the crime or not? Since the claim was made that you sent the same from a website, have they gotten any other proof against you? Final conclusion is important because in most cases if the police are dropping the charge then the JM will do the same and thus the question... I will answer your other questions as soon as i get these information....I am also online if you want to chat.. .give me ur yahoo or gtalk id


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they did not get any evidence at all. But no where police mentioned that they are dropping the charge. what is this "JM"..they have taken written statement from mobile operator people saying that there is no evidence available with them at all that i have sent anything.....so no evidence at all available with them.

 

can you answer all my questions now ?


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Private

Mr PVN,

I am trying to help you but you need to provide detail if you are looking for help.... The fact they have no evidence against you in your opinion cannot be a ground for quash. JM stands for Judicial Magistrate... generally the process is as follows:

1. Police file a Final Report with the court along with their summary of their investigation in which they make their conclusion. A quick reading of this will tell you whether they are still planning to charge you or not.

2. The JM then takes cognizance of the offence

3. The JM then takes notice of the offender (usually this and the above is done together)

After the above step the JM send a summon to you directly or via police. Once you receive the summon then u need to appear in court. The appearance is generally for framing of charges... Once the charge is made then the trial starts... this is roughtly the process.

So, we need to know what stage is your case and what the conclusion of the investigation is (it is irrelevant if they have evidences or not).

PLEASE NOTE THIS IS NOT A LEGAL OPINION AS SUCH.....Now to your questionss...

Can we apply for quashing for this case ?

Ans> You can always apply for a quash but success depends on the merit of the case and thus I was asking you for more detail and your patience in aswering them as well...

Can we succeed by appyling to quash the case ?

Ans> See above

if so how much will it cost ? i know it varies from lawyer to lawyer .but i want to know abt minimum expenses of that

Ans> I am not sure I can share this information here. send me a private message on this...

how many days/months/years will it take ?

Ans> No one can give you precise number here... Generally if you approach the High Court it should close in few months.... I have answered this already..... plus since u do not have to appear in Court (High Court) it shouldn't matter...

Do we have to attend to court during the time of quashing ? Do i need to attend to high court.Do i have to attend local court here even if i get exemption to attend high court ?

Ans> No if it is a HIgh Court and I am sure this is the case if you make the case at the district court as well since it is not a trial proceedings. Your lawyer will take care of this...

So, have some patience and get the details and post it here....


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Private

also note that the complaint was that you sent SMS from way2sms.com. So, what does the police have from way2sms.com? Your operator's statement is not relevant for the complaint since the SMS was claimed to have been sent from way2sms.com (in my humble opinion)


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police did not approach that website way2sms till now. the policy says that they cannot disclose the peoples details who are using that website.and its more than 1 year. daily 10lakh messages are sent via that website and more than 30 lakh users are using that.

in the enitre chargesheet i did not find any conclusion page or column. may be police people have not written it..case is in still early stages. Till now lawyers or judge did not question either me or the other party. now i want to get rid of this case with bare minimum expenses and less possible time. pls suggest me that.


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Advocate Supreme Court of India

Yes. You have good case for quashing. Take some good Advocate who knows Criminal Laws. 

 
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