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Mehajbee   26 January 2020

482 crpc

Can we file petition CRPC 482 before filing of charge sheet and before deliberation. Sections in FIR are 353, 504, 506 and IT ACT 67/68


Quick Summary
This discussion clarifies whether a petition under Section 482 of the Criminal Procedure Code (CrPC) can be filed before the submission of a charge sheet. While technically possible after FIR registration, quashing charges depends on court discretion and presented evidence. Filing is generally permissible after cognizance is taken and process is issued by the court, not before.

 2 Replies

Raveena Kataria (Advocate )     27 January 2020

Yes, technically s482 CrPC can be resorted to upon the registration of an FIR. However quashing of charges is subject to the discretion of the court so ensure to present the court with all the necessary/required evidence in your favour.

Dr J C Vashista (Advocate)     28 January 2020

What are the facts of dispute / case / FIR ?

If you are a party (complainant or accused) you might have engaged an able, competent and intelligent local lawyer, what is his/her opinion and advise, proceed accordingly. If not yet engaed it is advisable to consult a local prudent lawyer for better appreciation of documents/ facts of the dispute, professional guidance and necessary proceeding.


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