Fir quashing

mohanlal (Querist) 26 January 2013 This query is : Resolved
Is it true that “after submission of charge sheet, petition for FIR quashing without challenging the charge sheet is not maintainable”?

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Kiran Kumar (Expert) 26 January 2013
Well you cannot conceal the factum of filing of Chargesheet/ Challan by the police.

But generally the courts wont interfere after the filing of challan unless there is some serious illegality in the entire process.

the court may say, raise the necessary pleas at the time of framing of charges.

Nadeem Qureshi (Expert) 26 January 2013
Dear Querist
when the chargesheet has been filed why the court con-ceder FIR quashing Petition, you have right to filed a petition for quashing the chargesheet.
feel Free to Call

V R SHROFF (Expert) 26 January 2013
One can apply and get DISCHARGED u/s 239 // 227 of cr.p.c

mohanlal (Querist) 27 January 2013
That means the remedy of “Quashing of FIR and all proceedings mandating therefrom” cannot be resorted to after submission of charge sheet?

It is observed most frequently that during investigation i.e. before filing charge sheet, FIR quashing is like impossible because that time the argument of the respondents/defendants would be that “Court can’t interfere with the statutory right of the Police to investigate the Cognizable offences” so before charge sheet the FIR (and by default the investigation) cannot be quashed.

???