195(1)(b) cr.p.c
saravanan
(Querist) 10 April 2014
This query is : Resolved
The Hon'ble High court directed to investigate the case of impersonation before the Hon'ble High Court. Complaint received from the Inspector who has filed an affidavit about the impersonation directed by the High Court.
Final report filed.
Quash petition filed since the complaint was not received from the court.
Is there any possibility to dismiss the quash petition
Dr J C Vashista
(Expert) 11 April 2014
1. Incomplete information and vague query.
2. Quashing or declining quashing (dismissal of quash petition)depends upon merit of the case, which cannot be opined in the light of given facts and circumstances.
Devajyoti Barman
(Expert) 11 April 2014
not clear to me either.
Give case history and order passed by court.
Rajendra K Goyal
(Expert) 11 April 2014
full case papers need to be seen, consult a local lawyer.
ajay sethi
(Expert) 11 April 2014
answer queries raised by experts
saravanan
(Querist) 11 April 2014
In a civil suit, a contempt petition was filed before the Hon'ble High Court of Madras and one person impersonated as other person. The counsel insisted the same before the court. The High Court directed to investigate the fact by Inspector. Inspector filed an affidavit about the impersonation. High court directed to investigate the case by state premier investigating agency in the rank of SP. Complaint received from the Inspector who has filed affidavit before the High Court of Madras.
Investigation completed. Filed a final report before the jurisdiction court.
Now the accused filed a quash petition before the High Court that on the grounds of the complaint is not received from the court as per the provision of 195(1)(b) Cr.P.C.
Is there any possibility to dismiss the quash the same
saravanan
(Querist) 11 April 2014
In a civil suit, a contempt petition was filed before the Hon'ble High Court of Madras and one person impersonated as other person. The counsel insisted the same before the court. The High Court directed to investigate the fact by Inspector. Inspector filed an affidavit about the impersonation. High court directed to investigate the case by state premier investigating agency in the rank of SP. Complaint received from the Inspector who has filed affidavit before the High Court of Madras.
Investigation completed. Filed a final report before the jurisdiction court.
Now the accused filed a quash petition before the High Court that on the grounds of the complaint is not received from the court as per the provision of 195(1)(b) Cr.P.C.
Is there any possibility to dismiss the quash the same
Devajyoti Barman
(Expert) 11 April 2014
In contempt case the court can suo motu take congnizance of the offence. There is no wrong in the order passed by court and hence the case is not liable for quashing.
T. Kalaiselvan, Advocate
(Expert) 12 April 2014
Well advised by Mr. Barman. The provisions of the section referred by the author do not vent reasons for a quash petition
