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498a squash procedure before chargesheet

  My wife filed FIR in police station for 498a 3 months back . Chargesheet was not filed until now by IO. I want to apply for quash petition in HC.  

1) Can I apply for FIR quash before chargesheet filed ? 

2)  Let me know where can I get certified copy of FIR ?  

I got mixed answers for this question earlier.. Experts please advise me exact procedure >>>URGENT PLEASE

 



Learning

 2 Replies

Aryan Raj   09 February 2022

Dear Queriest,

To quash criminal proceedings under Section 482 of the Criminal Procedure Code, a Court cannot rely on a "draft charge-sheet" that has yet to be presented to the Magistrate. So an FIR can be quashed before filing of a chargesheet. 

You can request a certified copy of FIR from the concerned police officer or the Superintendent of Police by submitting an application through your representative and paying the fee required to obtain such a copy from the Court. The copy must be provided within twenty-four hours of the application being made.

Regards,

Aryan Raj 

 

 

Advocate Vishal Garg (Advocate Whatsapp 9717985984)     16 March 2022

1. Yes

2.Get the certifed copy from concerned police station/Court.

For more detailed discussion contact at 9717985984 , ADVOCATEVG20@GMAIL.COM- Adv Vishal Garg
 


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