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yogesh (will tell you later)     10 November 2012

Another criminal miscallneous main application can be filed?

I am resident of Delhi and my father and Bother(Husband of bride) and have been falsely implicated by State Police ( Haryana) on the basis of the complaint filed by my sister in law father at his home town.I have been given A.B by District Court (ASJ) and thereafter given Regular bail by their Ld Judicial magistrate of their Ilaqa on surety Therafter

I individually( without joining my father abd Brother) filed the Criminal Miscallnous Petition before the Punjab Haryana High Court for quashing of FIR as the same was filed mechanically without preliminary enquiry and scrutiny and allegations in the FIR has not been connected to my personal life The Hon'ble High Court issued notices to the respondents, Police and the complainant Therafter Police has filed the Challan which I have collected by me along with other 2 accused

Now can I file the separate Criminal Miscallnous Petition along with my father and Bother( as parties) for quashing of chargesheet on the basis of territorial Jurisdiction as the learned magistrate cannot take cognizance of offence as alleged cause of action has taken place in New Delhi and nothing there isn FIR has ststed that alleged crime has taken place in the place of the complainant which is also contrary to 177 of CrPc?

Why I am asking is that previous CRM-M relates to FIR only in case if its is get qauashed, I only will get the relief Now I want to quash the chargesheet on the basis of Territorail Jurisdiction, if its is quashed then we all 3 may get the relief.. Please comment



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 1 Replies

Rahul Kapoor (Legal Enthusiast)     12 November 2012

hello,

ya your FIR can be quashed but it depends on facts he stated in challan.

go for quash before filing of chargesheet.

 

regards-

rahul.gogreen@gmail.com


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