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dhruv (other)     30 March 2014

Arrest stay or chargesheet quash

I got arrest stay already from Allahabad HC, mediation in Allahabad hc failed and petition (for arrest stay & FIR quash) is NOTgetting listed in Allahabad for last 3 months.

I just wanted to take same day bail order through that.

Meanwhile FIR became a chargesheet. Now lawyer is saying that we should go for chargesheet quash and get same day bail order through that and get previous petition disposed off. It will take one hearing only.


My lawyer had said that my case is good chance for FIR quash.

A) Is there possibility to still try for FIR quash with my original petition before it became chargesheet?

B) Is there some other possibility to get same day bail order other than through 482?

 

 



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 3 Replies

Prashant Kanha (Advocate Uttar Pradesh )     30 March 2014

Your, lawyer has advised you rightly. 

since, chargesheet has been filed and also mediation has failed, hence, your writ petition has become infructuous meaning thereby writ court cannot pass any order because the train of your case has passed the jurisdiction of that court, now the writ court has no jurisdiction to give you any relief. Now, challenging chargesheet u.s. 482 CrPC is the only remedy and there also you will get order of direction for same day bail only, from court no. 49. 

Prashant Kanha (Advocate Uttar Pradesh )     30 March 2014

Your, lawyer has advised you rightly. 

since, chargesheet has been filed and also mediation has failed, hence, your writ petition has become infructuous meaning thereby writ court cannot pass any order because the train of your case has passed the jurisdiction of that court, now the writ court has no jurisdiction to give you any relief. Now, challenging chargesheet u.s. 482 CrPC is the only remedy and there also you will get order of direction for same day bail only, from court no. 49. 

T. Kalaiselvan, Advocate (Advocate)     30 March 2014

I agree with the views expressed by learned Mr. Prashant Kanha on the subject issue.  Yes you can file a petition for quash of FIR/Charge sheet and also a bail application on the same day, please follow the advise of your advocate.


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