Arun 23 December 2020
Dr J C Vashista (Advocate) 25 December 2020
|Originally posted by : Arun|
|If a charge sheet is filed on juridical magistrate court and whether the same can be given stay in high court ?|
Yes it can be assailed, if it is true story.
What is your concern / problem / dispute / locus standi qua your post ?
P. Venu (Advocate) 26 December 2020
Yes, it is possible. However, the general rule is that no such petition would be entertained unless the averments in the charge-sheet taken as a whole and accepted in their entirety do not disclose the offence(s) as alleged.
Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 11 January 2021
There is no straight jacket formula to avail stay from High Court, in case chargesheet is being filed. The incrimination evidences produced in chargesheet are subject of proven in Court. Therefore you have every right to challenge the chargesheet in getting stay upon the proceedings initiated pursuant to chargesheet, but there should be ground for that.
Anubhav Tyagi 13 April 2021
You may reframe your question, it is not clear.
If you are not satisfied with the investigation/ chargesheet filed by the Police, then you may file a protest petition in the Court for seeking directions for further investigation.
Anubhav Tyagi, Advocate
Delhi High Court
Shubham Bhardwaj (Advocate) 20 June 2021
Dear Mr Arun,
You query seems to be worded incorrectly because charge sheet is not something on which you take a stay from the High Court. You may allege before the HC that no offence is made out even if facts as mentioned in FIR or charge sheet are taken to be true. You cannot challenge averments in the charge sheet because that is the exclusive role of magistrate during trial. A criminal Trial is all about proving the facts mentioned in the charge sheet/complaint u/s 200 Cr PC. If a higher court (Sessions or HC) goes into the facts, the trial court will lose its meaning.
So, as per my understanding what you really want to know is if you can challenge the proceedings post filing of the charge sheet in the court.
After filing of the charge sheet the general course of action by the court is to fix the case for consideration of charge if the court takes cognizance on the basis of such charge sheet. Now in such case you may do either of the following
1. Go through the charge sheet and file a quashing petition under section 482 Cr PC to the High Court if there is no substantive evidence against the accused and no offence made out. While the quashing is pending in HC, the magistrate generally stays the proceedings. Although until there is a specific stay by the HC, the magistrate is not bound to stay the proceedings. But then in India there are some practices which are not strictly as per the Book.
2. You may file a discharge application before the court alleging no evidence against the accused and offence not made out. In such case the court will discharge the accused and the case is closed as regards him. In this option the court will not proceed with the proceedings until the discharge application is heard and decided.
Shubham Bhardwaj (Advocate)
District & Session Court , Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- This opinion is just for guidance.