Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prakash m   23 March 2020

can i go for quashing after charge sheet filed

Hi Everyone,

I want to go for a quashing in High court after charge sheet has been submitted by police and framing of charge to be held in next hearing.

any suggestions on this please advise it's better to go for quashing or face it in trial court.

I have been filed under 376 and 417.
Even my family is been fixed on this and I have already requested my lawyer to quash their names but even after 6 months he is giving reasons.

if anyone can advise any lawyer for this from Bangalore I welcome whole heartedly.


Learning

 18 Replies

Real Soul.... (LEGAL)     23 March 2020

You can challenge under section 482 Cr Pc but i think the charges being sensitive would get you no reilief.

May be your other family memebrs would be exonerated provided the investogations revealed they had no active role in the crime.

It is better to get get bails and contest the case.

Prakash m   23 March 2020

Thanks but I am out of country can I get some exemptions to attend the proceedings if I request

Advocate Suneel Moudgil (Advocate)     23 March 2020

1. without going through the challan, prepared and submitted by the police, no firm opinion can be framed,

2. a proper look on the challan is required before providing any concrete advise

Advocate Suneel Moudgil (Advocate)     23 March 2020

consult any lawyer along with the copy of the challan for a prompt and precise revert

Prakash m   23 March 2020

can anyone suggest any lawyers in Bangalore related to these type of cases. if it's a senior lawyer who can make our life easy I will be glad for your help

Real Soul.... (LEGAL)     23 March 2020

If you are out of state just stay there until you get bail, 

Advocate Suneel Moudgil (Advocate)     23 March 2020

you can search through the database or google your requirement

Prakash m   23 March 2020

I have the bail and permission also to be out of country. buy my problem is I cannot attend my proceeding now in April because of the problem whole world is facing now.

Advocate Suneel Moudgil (Advocate)     23 March 2020

1. no need to worry, just ask your lawyer to submit an application for exemption from personal appearance stating the reason about CORONA,

 

 

Shashi Dhara   23 March 2020

If you come to India you will be considered as Corona carrier and quarantained

Advocate Suneel Moudgil (Advocate)     24 March 2020

where ignorance is bliss it is folly to be wise

Prakash m   24 March 2020

hello Mr om prakash sorry to say this but you are a big head weight person I assume because as you say everyone who has been fixed in a crime will not be a criminal. some hectic people's in our society are taking advantage of the law and fixing us like this so when someone asks for a suggestion that he is not aware of try to help him or ignore him instead don't come and speak with your open mouth as you need..
who No's maybe tomorrow some girl may come and file a case against you and if you are a lawyer you know how easily our law will accept women's complaint even without verifying so please have this concern.

Prakash m   24 March 2020

Thanks for your kind reply Mr. Om Prakash, Please provide me your contact number I would love to call you and hear your suggestions.

Akshay Kolle   24 March 2020

On pure assumptions (which we are always advised not to make any assumptions) however you can also opt for Discharge Under Section 239 of CrPc infront of the same court.

either u can take the route of discharge of whole case or quashing of charge sheet .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register