Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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kishun kumar (Tax consultants)     11 August 2012

498a quashing during trail

Respected member

I have filed a quash petition in HC against a false dowry case before the framing of charge, the petiton is pending for admission in HC since 8 months. Now the case is at framing of charge and my dicharge pettion in lower court has been dismissed. I have to face trial. I want to know whether decision on quash petition will be applicable when trial will be under process.

Thanks



Learning

 6 Replies


(Guest)

Quash petitions normally do not take so long for disposal. It is surprising that in your case it is at pre-admission stage even after 8 months. Anyways, unless the HC stays the proceedings in the lower court you shall have to face trial.

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adv. rajeev ( rajoo ) (practicing advocate)     11 August 2012

If trial begins and complaint is quashed by the HC, the order passed by the high court is binding on the LC

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 August 2012

Mr.Kishunkumar,

 

Nothing other than Chargesheet/FIR is considered at the time of Quash Petition to High court.

As per direction given by Hon. Supreme Court...these are the main conditions (any one) to be met for Quashing a Case criminal case.  court made it clear that it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list to  kinds of cases wherein such power should be exercised:

 

"(1) Where the allegations made in the first information report or the complaint, even if they are taken at their

face value and accepted in their entirety do not prima facie constitute any offence or make out a case against

the accused.

 

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

 

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence

collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

 

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

 

(5) Where the allegations made in the FIR or complaint are so absurd and inherently

improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

 

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

 

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

surjit singh (Assistant)     11 August 2012

Grateful if the judgement is cited i.e. case no or party name of this case

A.V.Pattanashetti (Advocate)     12 August 2012

If u r ready to pay my fees call me and I will tell you 09448035651 A V PATTANASHETTI ADV

Rahul Mehrotra (Advocate Allahabad High Court)     12 August 2012

 Dear, Mr.Surjit Singh, the list mentioned in Mr.Rama Chary's reply is cited from State of Haryana vs. Bhajanlal -AIR1992 SC 604:1992 SUPP(1)335:JT 1990(4)SC650.

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