quashing case

Querist : Anonymous (Querist) 14 December 2010 This query is : Resolved
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 a website. i was arrested on 22nd september 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).

I applied in high court to quash the case as there is no evidence for that. I am told by my lawyer that this week my quashing decision will be made in the court. Can you please let me know if the high court does not quash it, will they give judgement for imprisonment to me by any chance ?

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Khaleel Ahmed (Expert) 14 December 2010
Defence the case, court will acquit you, if charge sheet has been filed that police failed to get information from the mobile operator.

Ajay Bansal (Expert) 14 December 2010
YOU HAVE TO CONTEST THE CASE IN THE TRIAL COURT.THE HIGH COURT WOULD NOT HELP YOU.

Querist : Anonymous (Querist) 14 December 2010
I did not get you sir.

Can you please let me know if the high court does not quash it, will they give judgement for imprisonment to me by any chance ?

N.K.Assumi (Expert) 14 December 2010
Quashing the case is not possible as the High court quashed the case only in exceptional case. The function of lawyer is not prophesy and at this stage it can not predict your case like a a prophesy.

Querist : Anonymous (Querist) 14 December 2010
Dear N.K.Assumi,

i did not get you.There is no evidence at all in charge sheet which says that i have done something wrong.

I am told by my lawyer that this week my quashing decision will be made in the court. Can you please let me know if the high court does not quash it, will they give judgement for imprisonment to me by any chance ?

Advocate. Arunagiri (Expert) 14 December 2010
If there is no evidence, there is every chance the HC will quash the same. Even if otherwise the trial court will acquit you.

Devajyoti Barman (Expert) 14 December 2010
If the hifh court does not quash the proceeding that does not mean that it can give decision on conviction. Conixtion or acquittal is given only the by the trial court.

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