Appropriate applicability of sec. 482 & 483 cr.p.c.

PARTHA SARKAR (Querist) 18 November 2011 This query is : Resolved
Kindly advise me the following:

1. Whether any time bar is applicable to file under sec. 482 Cr.P.C. quash petition at High Court against false u/s.498A of IPC cases?

2. Whether the filing before charge sheet or after charge sheet?

3. Whether 482 quash order permit to file malicious prosecution?

4. In case totally false 498A case, which is recommended 482 or 483 Cr.P.C. in terms of filing of Malicious prosecution?

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Kiran Kumar (Expert) 18 November 2011
there are certain parameters set by Hon'ble SC for entertaining Quashing Petition by the High Courts...one important judgment is Bhajan Lal's case...

definitely the quashing petition will be heard under Section 482 of Cr.P.C

it can be filed before or after the filing of challan by the police.

but if the charges have been framed then the HC may not interfere at that stage, in such an eventuality it will be better to go for revision against the charge before the competent court.

also keep in mind, in Quashing Petition, the evidence is not taken before the HC...when it comes to proving or disproving the facts, the HC may not interfere.

Shonee Kapoor (Expert) 18 November 2011
Certain HC doesnot accept Quash petitions after filing of chargesheet.

So which HC you are asking bout?

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com