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justruth (mr)     16 May 2010

INHERENT POWERS OF HIGH COURTS (Quashing of F.I.R)

 

5 people were charge sheeted and 3 acquitted individually,

Can high court, hearing a quash petition u/s482 to quash FIR filed by one of two still charged, will/can the HC also quash  the second person although the second person was not a party of quash petition?  If the high court feels the opposite party is misusing judiciary?

Should each person be acquitted individually?

Do we have any provision to add second person from the same charge sheet into the existing quash petition, without wasting time in issuing notices on quash to the opposite party? Or should both be dealt separately?/

Can implede petition be a option for the second person? 



Learning

 4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 May 2010

All the things you said can be done, provided fats of the case must be of that charecter

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2010

Can be quashed if there is any merit.
 

1 Like

Kiran Kumar (Lawyer)     16 May 2010

acquittal comes after trial.......and as far as petitioner of quashing petition is concerned, pls find out whether any stay was operating in his favour.

 

if the whole set of FIR seems to be abuse of process of law then it can even be quashed on a petition by single petitioner. 

 

if the petition lacks contents about other accused or does not create any doubt in mind of judge regarding abuse of process of law against other accused then the HC may not interfere for other accused.

 

its all a matter of facts of the case, better talk to your counsel who will read the file and will plan your case accordingly.

 

there is a judgment titled State of Haryana v/s Bhajan Lal by SC, this judgment enshrines all the principles for quashing of FIR, your lawyer will find it easily.

Sanjay Verma (Law Student )     12 September 2010

can the fir once quashed be reopend... pls advise me on reopening of the case


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