Abhinav Neel (Manager) 23 December 2010

Applying Quash in HC

Hi,

When I file a petition in HC for Quashing a Charge Sheet u/s 482, what are the chances that it will be admitted and getting some interim relief in terms of stopping the lower court procedures? (its is Charge Sheet phase in Lower Court) Are there any norms one must follow while going for Quash?

Brief facts of the case are, client slapped with 498a with vague allegations which cannot be proved and there are certain allegations on persons who are residing on foreign soil. The idea is to get some immediate relief and we have all the proofs to counter the vauge allegations.

Please share your thoughts.

-Abhi

Reply Follow

2 Replies

Swami Sadashiva Brahmendra Sar (Nil) 23 December 2010

In excercise of jurisdiction u/s 482, quashing of charge sheet is an exception and observation for making discharge application before magistrate is general practice . However, if accused are not already on bail, a direction for deciding bail application on same day can be expected.

Abhinav Neel (Manager) 23 December 2010

Thanks Mr. Ttripathi,

We had filed an FIR quash in HC as soon as the FIR was registered and HC granted "Stay of Arrest" and case was in pending. In the meantine, Chargesheet is filed and we learned that Quash on FIR would be infractuous. So, we filed a Quash on Charge sheet 2 days back for which HC judge has asked us to take FIR quash petition back and apply CC quash. We were confident of succeeding the FIR quash as we have all the Valid proofs to prove their false & vaugue allegations (some of the proofs obtained by using RTI) BUT since FIR quash became infractuous, we went ahead with Quash on ChargeSheet. Will we get the similar rel;ief like "Stay of proceedings in Lower Court" as we have submitted some of the proofs for Quashing Chargesheet.

Please share your thoughts.

-Abhi