Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sec 406 IPC

(Querist) 27 December 2018 This query is : Resolved 
Respected Lawyers,

Can you please tell:

Q1. Can an applicant file further evidence in a case at the stage of argument even if the opposite party objects?

Q2. Can an application for quash be presented before high court for a case at argument stage in a lower court?

Regards
Dr J C Vashista (Expert) 28 December 2018
1. Yes, an evidence can be submitted with the permission of Court, before settlement of issues the witness can be recalled (Or. XVIII CPC)
2. Again affirmative response, you can move to High Court.
Neeraj Sharma (Querist) 28 December 2018
Sir thanks from the bottom of my heart. One last question:

If I move to the high court for quashing, what are the chances that the high court can creat new problems for me instead of giving me relief.
KISHAN DUTT RETD JUDGE (Expert) 28 December 2018
Dear Sir,
My answers are as follows:
Q1. Can an applicant file further evidence in a case at the stage of argument even if the opposite party objects?
Ans: Such application can be filed but courts may reject such applications.
Q2. Can an application for quash be presented before high court for a case at argument stage in a lower court? Regards
Ans: The High Court dismiss the criminal petition if filed at the fag end of trial and ask the accused to file appeal if he is convicted by the Trial Court.

Please mark “LIKE” if satisfied by my answer.


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