Quashing of 326 ipc

Sonia Prabhu (Querist) 13 October 2012 This query is : Resolved
Need some information about sec 326 IPC.

Can the accused who is charge sheeted under 326 get quashing without going for trial ?

I want to appose this quashing what grounds can I argue on ?

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Adv.R.P.Chugh (Expert) 13 October 2012
How can anyone possibly comment anything without seeing the FIR first. What we can tell you though is if FIR contains basic allegations that make it worthy of being taken to trial after being duly investigated, the high court normally won't scuttle such a prosecution at the initial stages.

Kiran Kumar (Expert) 14 October 2012
the facts stated by you are incomplete.

need to look into the FIR and other relevant documents

Bharat is right that courts generally refrain from interfering into the investigation process.

Ms.Nirmala P.Rao (Expert) 15 October 2012
Dear Client,

The police after proper investigation only would filo charge sheet. It ought to proceed for trial. But if there are some irregularities in the charge sheet of legal nature, then you can get the charge sheet quashed on the grounds of improper investigation, custodial torture and other human rights violation etc by the police. If any of these these irregularities exist, you can file a criminal writ of Mandamus in High Court under Section 482 Cr.P.C and get it quashed.

Ms.Nirmala P.Rao
Legal Expert.

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