Quash after examination of witness

Querist : Anonymous (Querist) 02 September 2011 This query is : Resolved
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Is it possible to approach HC with a quash edition after 3 out of 7 witnesses deposed

Police have prejudiced the accused by tampering the compliant no FIR was registered but statements were recorded after that another compliant was received from the complainant and charge sheet was filed on the second compliant
There is no material to show that accused had dishonest intention at the beginning of the transaction charges are framed u/s 420 and417

Is there any illegality to approach HC after 3 out of7 witness depositions please clarify there is progress I. The case for last one and half years

Thanks

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Arun Kumar Bhagat (Expert) 02 September 2011
At this stage the High Court may not quash the Police case.It will rather pass an order for speedy conclusion of trial by fixing a time-frame say three months or more.

prabhakar singh (Expert) 02 September 2011
Expert : Arun Kumar Bhagat has rightly anticipated possibilities in your case.

M/s. Y-not legal services (Expert) 02 September 2011
Sorry sir. Am little differ from above expert's opinion. I think we can invoke the extrordinary jurisdiction of the high court under section 482 cr.p.c. In this situation also quash petition is maintainable.. We can quash at f.i.r stage, or charge sheet stage or trail stage..

M/s. Y-not legal services (Expert) 02 September 2011
We have to given the proper reason for the delay in your affidavit.

Advocate. Arunagiri (Expert) 02 September 2011
The maintainability of the quash petition is possible. Whether the possiblity of the quashing is there? Normally the HC will not quash the criminal proceedings at the trial stage. They may quash if there is a strong ground.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 September 2011
When you are able to demolish evidence in lower court it can achieve your objective .

Once trial has started no HC will entertain QUASH application.

girish shringi (Expert) 02 September 2011
Dear experts,
In the query trial has yet not begins and revised complain been filed by the complainant and charge sheet been filed.
So for quashing under 482 the accused have to prove his innocence and that is the job of the trial court and not the high court.
Hence if the accused find it fit case to prove through evidences through documents then and then can approach the high court.

girish shringi (Expert) 02 September 2011
And even if trial begins then also the prevention is to be taken by the accused.

Querist : Anonymous (Querist) 02 September 2011
Dear sri girish, I am not sure if the police can arbitrarily close one complaint after recording statements and get another complaint and file a shargesheet based on the second complaint. There is a viloation of provisions of CrPC. Police is bound to register FIR atleast before recording statements. On the contrary the police tampered with that complaint. Based on the first complaint AB was granted and the nature of prosecution case is altered in the tampered complaint. Can these illegalities be considered by the HC. Also there is no material to show that there was dishonest concenalment of facts.

Should I file a writ petition with an additional prayer to initiate disciplinary action against police. Please clarify

Raj Kumar Makkad (Expert) 02 September 2011
No. You should not file writ at such belated stage when more than half of the witnesses have already been cross-examined by you even fully knowing that second complaint was invited or first was tempered or what so ever it may. You are even barred by your own ct and conduct. Generally High Courts insist to face trial and if no case is made out then automatically you shall be acquitted. Now specially in your case, it shall be a wastage of money and time if you decide to go to HC.

Querist : Anonymous (Querist) 03 September 2011
Please note in all these one and half years I have I have taken action against polcie officers. I have not acquiesced.

girish shringi (Expert) 04 September 2011
Don't you have any advocate,who can guide you in your case or your nature do not permit to manage properly.
Where are you in which district and state?
Is the police Dptt. is not dealing properly in the line of justice.Pl. inform so as to guide you further.

Querist : Anonymous (Querist) 05 September 2011
Dear sir, The charges framed against me are that I have suppressed a love affair with another girl from my wife prior to marriage and failed to consummate the marriage. But there is no material on record to presume that there was a love affair subsisting during the first meeting or during the betrothal. It was an arranged marriage. The charges are based on hearsay evidence. There is no girl identitified in the chrage sheet with whom there was a love affair. I dont think even on face value it becomes a dishonest concealment.

During the AB proceedings police stated that the case is dowry harassment before the HC but later they took another compliant and changed to entire story. There is no progress in the case for last 1.5 years.

Quash after examination of witness

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