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Kundan Lal (software engg)     12 August 2016

High court decision 482

Dear experts,

My application for quashing of 498a case is disposed with below order. I require your valuable input to decide whether I should go for appeal at Supreme Court. Charges have still to be framed in this case at lower court, 

"This Court exercising its power under Section 482 CrPC can go into the veracity of the allegations levelled against the petitioners but the fact that once when the matter pending before the Court below is fixed for argument before framing of charge on the next date of hearing, in the 3 opinion of this Court, it would not be proper at this juncture to go into the merits of the case and decide whether any case is made out against the petitioners herein or not. 

Accordingly, the present Cr.M.P. is disposed of with the direction that the petitioners shall be at liberty to apprise the Court below in respect of the submissions that they had raised in the present petition seeking for quashment of the charge sheet and the criminal proceedings and can also rely upon the citations which they have referred to in respect of their contentions. The Court below in turn is expected to take into consideration these facts while hearing the matter for framing of charge.

With the aforesaid observations and liberty the present CrMP stands disposed of. 

thank you for you valuable inputs once again on this.

Kundan Lal

 2 Replies

adv.bharat @ PUNE (Lawyer)     13 August 2016

Your case has merit u can defeat it at High Court before thinking for SC.

Vibha   13 August 2016

  1. Quashing was dismissed because case is in arguments for framing stage, high court does not want to interfere at this stage and wants trial court to reach its own decision on merits.
  2. Give your arguments in trial court to get discharge. If that fails you may reapply to HC for quash. It seems premature to approach SC. It is likely that SC will agree with observation of HC at this stage.
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