M Satyanarayana
(Querist) 22 July 2015
This query is : Resolved
Sir, I am accused in a false criminal case . My case is coming for hearing before charges. At this stage without filing discharge petition can I approach High court for quash. I was not supplied charge and police report Please kindly guide me whether I can file quash petition.
P. Venu
(Expert) 22 July 2015
You may file discharge petition in the trial court or approach High Court under Section 482 CrPC.
However, such petitions are allowed only in exceptional cases where the charge and police report taken in their entirety and accepted in their face value do not disclose any offence.
SAINATH DEVALLA
(Expert) 22 July 2015
Going for a quash is only 30% success.
Rajendra K Goyal
(Expert) 22 July 2015
Better proceed on the case on merits, quash generally not allowed.
SAINATH DEVALLA
(Expert) 22 July 2015
If U could briefly describe the context of the case we would be in a position to assist U better.
M Satyanarayana
(Querist) 22 July 2015
Thank you all for good advice M.Satyanarayana
T. Kalaiselvan, Advocate
(Expert) 26 July 2015
Yes you can approach high court for quashing the FIR or charge sheet.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup