Quash after receving summons?

anantha madhav (Querist) 18 May 2011 This query is : Resolved
Hello Forum Members,

Can we file quash after receving summons.

If so, what exhibits are needed apart from petition.

Your answers please.

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M/s. Y-not legal services (Expert) 18 May 2011
Yes. Surely you can file quash petition.. But you recieved your summons. So you have to appear on the said day.. At the time of your first appearance court will issue the copies of charge sheet.. After that you can file a quash petition for quash the alleged charge sheet under section 482 of cr.p.c

M/s. Y-not legal services (Expert) 18 May 2011
For your kind information before issuing summons also you can file quash petition. I mean on f.i.r stage itself its can be quashed. If you have merits mean..

anantha madhav (Querist) 19 May 2011
Sir,

Any suggestions on

- What would be grounds for my prayer

- How long will i get stay

Guest (Expert) 19 May 2011
it will be subject to the offence and section of law charged/FIR registered. general grounds are there. relating to manifest and grave injustice/error apparent on record the High court will grant immediately otherwise notice will be issued and decided on merits. But it is the discretion of the High court.

M/s. Y-not legal services (Expert) 19 May 2011
Yes. Agree with mr.ganesan

Advocate. Arunagiri (Expert) 19 May 2011
When you feel that case is false case, definitely you should have the defense documents. These documents are useful in defending you in the trial court only.

The high court will not appraise any document while quashing it, the court will see whether the trial court will arrive at a logical conclusion even if all the charges are proved, if the trial is allowed.

Guest (Expert) 19 May 2011
Agree with Mr. Arunagiri.

anantha madhav (Querist) 23 May 2011
you mean i have to enclose list of exhibits [evidence], if any,

to convence

and

also any case laws to enclose ?

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