QUASHING AN FIR

PURSHOTAM BEHL (Querist) 06 August 2008 This query is : Resolved
DVB HAD BOOKED AN FIR AGAINST ME IN THEFT OF ELECTRICITY , BUT THE DISTT. CONSUMER HAD WAVED THEIR DEMAND , BUT P.H. COURT REFUSES TO ACCEPT THIS ORDER , AND NEEDS QUASHING ORDERS FROM H.C.

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deepak kumar (Expert) 06 August 2008
the case being criminal in nature has been filed in civil court and the civil court will go according to procedures established by law, the decision of consumer forum will have bearing at appropriate stage but till then the case will go on and the civil court has no /limited power to terminate the proceeding mid way.
For immediate relief filing of quashing application is a good advice and you should go for it.

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podicheti.srinivas (Expert) 06 August 2008
the proceedings of the forum are summary in nature, and the findings given by the forum are not binding.
you are speaking about an offence which has to be tried by a criminal court and the consumer forum had only waived the amount but had not absolved you from the offence.to the best of my knowledge if you want to absolve from the abovesaid offence you got to file a petition for quashing of the said offence or file a discharge petition before the trial court by seeking the help of alawyer at your place.

Srinivas.B.S.S.T (Expert) 06 August 2008
You have to initiate quash proceedings, the orders of the forum are not binding upon the criminal court, But they can be looked into while deciding the quash proceedings.

K.C.Suresh (Expert) 07 August 2008
Criminal procedeings rae differnet from consumer forum (CF) proceedings. The decision of the CF may not bind the criminal court theft of electricity. Tjhe court is not in a position to accept the CF decision. The court is right in asking a higher order.