Section 482 crpc
Himanshu Sharma
(Querist) 19 February 2015
This query is : Resolved
Hello,
I have lodged 2 FIRs in 2 different cases.
One of them is as follows
a person filed a cheque bounced case against me. This cheque is the one that I had lost long back and lodged a police complaint about it at that time. Later when the person misused and filed a case against me u/s138 I came to know that he was having the cheque. The police then lodged a FIR against him u/s 379 and further investigation is on.I have also engaged a Private Hand Writing Expert (SP Retd.) to verify the hand writing on the cheque.
The person has now filed an application with the High Court u/s 482 to quash the FIR.
Is it possible that the High Court can quash it even if the Police investigation is on....????
In second case I have lodged and FIR u/s 409,420,467,468,471 (against a nationalized bank)they have also approached the High Court to get relief u/s 482...is it possible???
Adv. Sagar R. Jadhav
(Expert) 19 February 2015
Yes any high court is having inherent powers to decide or quash any order but subject to merits of d case.
Devajyoti Barman
(Expert) 20 February 2015
Quashing is hardly allowed and i DO NOT FIND ANY MERIT IN HIS QUASHING CASE.
One can always approach high court u/s 482 but do understand that without seeing the case papers I can not make comment on merit of the second case.
Rajendra K Goyal
(Expert) 20 February 2015
Without going through the case papers nothing can be advised. In the given facts, quashing may not be allowed.
