challenge of quashing petition

Better of you contact us then I'll elaborate properly.

Unbelievable averments.

High Court shall (mandatory) have to seek consent of complainant (generally on affidavit as well as oral submission / statement in the court) before passing orders on quashing a FIR.

Recheck facts of the case / petition, consult and engage another local prudent lawyer if you are dissatisfied with ability, competence and performance of your lawyer.  

Yes, the facts posted are unconvincing. The High Court, in a petition under Section 482 CrPC, does not record any evidence.

seizure memo of evidences (which are already submitted to police) have been the part of the reply to the quashing petition. point is the lawyer isnt incompetent but he isn't allowed to put his point and even couldn't counter reply to points raised by the the opposing party. infact opposing party asked time to file written submissions after our reply but then their lawyer on the next hearing submitted his submissions to the court and no copy was forwarded to us before, on amd even after the hearing. our lawyer raised this point i court but alas... no response from the judge! please guide what shall be our next step? because this is for sure that the FIR will be quashed no matter what!

Dear Querist,

 

Section 482 of The Code of Criminal Procedure, 1973 states that a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person. Although the Supreme Court in its landmark judgment in Madhu Limaye vs the State of Maharashtra, has laid down some very important principles which modulate the exercise of the powers of Section 482 CrPC by the court.

 

The exercise of powers by the High Court under Section 482 CrPC for quashing is based purely on the subjective assessment of the judge. He has to strike a balance between the powers of the courts under Section 482 CrPC and the facts of the case. As such no specific parameters are laid down for the exercise of the powers by the High Court under Section 482 Crpc.

 

In this case, if the judge is being biased and quashes the FIR. One can seek help given under section 219 of IPC which states that any public servant who corruptly or maliciously makes or pronounces any report, order, verdict, decision in any stage of a judicial proceeding, or which he knows to be contrary to law, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both.

 

Regards, 

Palak

You have mentioned inter alia, that

"......but then their lawyer on the next hearing submitted his submissions to the court and no copy was forwarded to us before,..."
Again unbelievable statement as the High Court registry will not accept any document till proof of service to opposite party is not filed.

Do not post "Fabricated" and "Time pass"  statement / query.

However, if it is a real time story change your lawyer.

 

Dr. vashisht I am not lying... and this is odd is the reason I am asking how come it got submitted and what action I could take on it...? why you this I am sorting help here? out of enjoyment? if you still do not believe..you can personally contact me and could give you complete details regarding case including FIR number. I am here to get genuine opinion on my matter... not to gain sympathy of random people.

You have not posted the correct information. May be you are misinformed of the facts as well as the present stage of the case. 

What is the FIR No.? Which Police  Station? 

What is the present statge of investigation? Has the Police filed Final Report?

If Final Report filed, which is the trial Court? What is the Case No.?

If the accused have approached he High Court, which High Court? What is the Case No.?

police station safdarjung enclave
quashing petition in delhi high court
there has been stay on the investigation by the high court. i cannot be misinformed sir because this case is not some eandom case i am asking about... i belong to the family who has filled the case.

@ Dr. Vedka Singh,

You have stated inter alia, that, "....you can personally contact me and could give you complete details regarding case including FIR number....."

You might have noticed from my profile I am a practicing lawyer in all Delhi Courts, do you expect that I may contact you personally for clarification regarding the facts posted by you or you are there to contact me, if you feel so ?

As a doctor would your patient invite you to visit him (if you are not his family doctor or any emergency) ? 

What prevents you from posting the case Nos.?

it seems like you are more interested in investigating me.... so if you are this keen please contact me personally through inbox because i tried but cannot reach you.. and i am not going to release all the details here just to get affirmation from you even though you haven't replued anything worth useful on my query than questioning me.. so instead of asking repeatedly the same question here regarding the genuinity of my query.. please contact me personally instead if you are actually interested in knowing the details.

I am least interested in your case(s), it was your call / query where we had opined and advised as per law.

I will never call/ inquire / investigate, as stated.

You may please note we are not to solicit work through this platfrom but to help needy lititagant.

Yes, the querist is assuming too much. Any legal advice is just like a medcal opinion. No meaningful suggestion is possible unless true facts are posted.