Upgrad LLM

article 226 to dismiss a fir/cs in other state

If an FIR is lodged which is against the law or wrong in facts.

Can we file a writ under article 226 in a different state HC(accused resident state) to dismiss the FIR instead of quash in same state HC?


Do not even try to file the Writ Petition. It will be dismissed. When you are making an allegation that the FIR is based on wrogn facts, file a petition for quashing. But, here also, there are little or no chances to win. Who will decide that the complaint is filed on "wrong facts". Whether the facts alleged are supported by evidence, or not would depend upon the ultimate analysis of evidence by a Court of Competent jurisdiction. Do you think that High Court would go into such a question, which is otherwise the "absolute previlege of the court of original jurisdiction that records the evidence, scrutinizes the conduct and demur of the witnesses?


Similarly, you cannot choose the "jurisdiction of the High Court". You cannot file a petition, where the accused resides. Choosing of jurisdiction would depend upon the fact as to where the "cause of action has arisen". Here, the High court would be that High court to be preferred within which jurisdiction the lower court is controlled.


Accordingly, you have absolutely a meritless querry. Not even fit to be tested by way of judicial proceedings. So get yourself prosecuted. Point out that you are innocent by cross examining the witnesses.  



You cannot file a writ petition in the High Court of another State to quash FIR / charge sheet.


It is pertinent to point out that in a recent case of Rajendra Ramchandra Kavalekar v. State of Maharashtra, (2009) 11 SCC 286 at pp. 292-93 : AIR 2009 SC 1792 : 2009 Cri LJ 1592, the Supreme Court has held that it cannot be done. In this case, an offence under Sections 120-B, 420, 467, 468 and 471 of IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, was registered at Ranchi in Jharkhand, the cause of action arose within the jurisdiction of Special Judge (CBI) Ranchi, the investigation was completed in Ranchi, all the records and the documents pertaining to the complaint and the chargesheet were before the Special Judge (CBI) Ranchi. In these circumstances, it was held by the Supreme Court that the Bombay High Court was perfectly justified in declining to entertain a writ petition filed by the accused on the alleged ground that a part cause of action had arisen in Mumbai.




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



CrPC MASTERCLASS!     |    x