Doubt related to quashing
Querist :
Anonymous
(Querist) 24 September 2011
This query is : Resolved
Hi sir,
I applied quashing of a case in high court . its related to a sms from mobile case. will the high court will get the sim card from lower court to verify it ?
why i am asking this is, in lower court they are not able to find out the sim card which is seized by the police people.
whats your say on this ?
did they misplaced in lower court if so what will happen ?
or is it held with higher court
kindly guide me on that.
Shonee Kapoor
(Expert) 24 September 2011
The benefit of such things is always to the accused provided it is material.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 25 September 2011
The court of quashing is not a court of revision.
So the court while considering the points on quashing would never look into the falsity or truthfulness of the same rather would look only apparent mistake or error on the face of the record.
Shastri J.K.
(Expert) 25 September 2011
I agree with experts.
Querist :
Anonymous
(Querist) 26 September 2011
Dear sir,
Thanks for the answers which you all gave. But i did not understand your answers. I am pasting my question below one more time. Please help me out clearly as i am a lay man in this subject.
Hi sir,
I applied quashing of a case in high court . its related to a sms from mobile case.
1)will the high court will get the sim card from lower court to verify it ?
2)why i am asking this is, in lower court they are not able to find out the sim card which is seized by the police people.
3)whats your say on this ?
4)did they misplaced in lower court if so what will happen ?
or is it held with higher court
5)how should my lawyer argue on this ?
kindly guide me on that.
Guest
(Expert) 27 September 2011
But you have not mentioned in your question, what was the matter under consideration of the court and how the sim card was related to your case and whether the police intentionally did not link the sim card to the case or, if produced by police, the court ignored the fact of the contents of the sim card?
It is not proper to seek solution on hypothetical basis without stating the facts, as experts try to provide solution only on the basis of what a qerist asks. That is why the solution provided by them is not understood by the querist in a delinked manner. Please note the experts cannot be expected to presume what actually the querist intended to ask without providing any base of the case.
Querist :
Anonymous
(Querist) 27 September 2011
Dear sir,
I clearly mentioned that "this is, in lower court they are not able to find out the sim card which is seized by the police people"
court is not able to find the sim card which is seized by the police people.
Guest
(Expert) 27 September 2011
The court can order for production of record of the service provider, in case it could not find the sim card. If not, in that case, the court would have given you the benefit of doubt when the important evidence was misplaced, either in the hands of the police or of the court.
