quash petition in highcourt.
falgun
(Querist) 23 August 2015
This query is : Resolved
Respected Forum Seniors,
i am a victim of false 498a,313etc. Had filed quash petition in hc in 2013 for quashing of f.i.r which got rejected as the investigation had not been completed which was recorded in the order. Now the i.o. has filed chargesheet. In the investigation report they have given report that they found no evidence against us. Then again the magistrate gave further investigation order in which also they have told that there are no evidence or proof and all the evidence provided by me were true that nothing like that had happened. Not a single proof have been provided against me other then the statement of my wife and my inlaws which was proved false as the i.o. had taken mobile tower details which was against their statements as well as when the i.o. sent my wife for medical examination she ran away from there without completion of test, records available in c.s. I have already filed perjury against her on the same grounds.
Now have again applied for quash in highcourt. Now my query is that the hon. Sir is saying that once you have come to hc for quashing so again you cannot come again for the same. My lawyer is saying that there is a 70% chance that they will reject the petition on non maintainable grounds.
But first had gone for quash of fir that too was rejected as the investigation was not completed and now for the quash of charge sheet when the investigation and further investigation are over and all reports are in our favour. Can it still be rejected?
Please guide. Regards
falgun
(Querist) 23 August 2015
Sorry i didnt disclose the current situation in the first post. Three dates have so far gone. Two dates matter was adjourned as court was over and our number didnt come. Last date the hon. Sir asked us to withdraw to which i was asked by my lawyer and the answer was no as wanted the court to accept or reject my petition and also give their findings if rejection happens. Now there is a shuffling and new Sir would be hearing. But my lawyer is sayinng that now our difficulties have grown on maintainability grounds. Please guide.
SAINATH DEVALLA
(Expert) 24 August 2015
498 A and DV cases are rarely maintenable in the HC's.Wrongly adviced .When the merits are strong from UR side what made U to go for a quash.Change of Judge doesn't change the grounds of the case.
U can go for a quash which the FIR is registered or when the chargesheet is filed or when the trail is going on.But U have done everything in a haste.
falgun
(Querist) 24 August 2015
Sir was depending on the lawyers. First didn't have knowledge so did everything as they said. The initial lawyer had done quash petitionnwhile investigation was going on and didnt wait for the cs to be submitted but as per my lawyer in supreme court she said that quash can be done after filing of fir and again after filing of charge sheet. Then i didnt depend on lawyers got rb and other order fighting in person. Now after getting rb waited for further investigation and when both the reports and an order from lower court came in our favour then again went for quash. Now my main question is that whether the quash petition for charge sheet will be maintainable when the first was rejected on the basis of pending investigation which has been recorded in the rejection order?
falgun
(Querist) 24 August 2015
In the high court also i submitted the petition in person but the registrar general told that as my mother who is a co accused in the case cant fight the case on her own and i cant do it on her behalf hence had to appoint a lawyer. I am in touch with 3 lawyers out of which 2 are saying that quash is maintainable after cs is filed as the rejection order clearly states that it is rejected due to pending investigation and 1 is saying that 60% chances of non maintainability are there. Hence i am in a dilemma as it is a do or die situation for me. please help and guide. Regards.
