Upgrad LLM

complaint without authority


A case was registered against a friend of mine u/s 406 420, complainant filled complaint without any proof other than a recorded C D of conversation between his wife & my friend; also he filled complaint on behalf of his cousin, wife & his brother in law without taking any authority latter from them. My friend is on regular bail & police also put up charge sheet. Can he go to high court for quashing? 

 
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to approach the high court for quashig the case there is no legal bar, but there is less possibilty of quashing the case because the maintanabilty of the case depends on evidence. any man can set the criminal law into motion that tis the legal principle, so one can complaint on behalf of others without any autherisation letter.

Adv. Aboobacker K.T

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

A petition for quashing can be filed by any accused before the High Court of the state. However, a cloud always remains over the success of the petition. The HC is empowered to invoke and exercise its inherent power to quash any criminal proceeding in the interest of justice if the facts of the case satisfy the parameters for quashing. This power, according to the law laid down by the SC, is to be exercised in very exceptional cases and for the advancement of justice. As such, nothing can be said unless the complaint and the evidence is perused thoroughly.

 

 

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab & Haryana High Court


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