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Joyjoyee Sen (Computer Programmer)     26 February 2010

Please Help its urgent

Sir,

My brother is accused in false s/c 306. Now his advocate has applied for quashing in hc. But at first he told him it will be enlisted in HC for further processing on 21st dec then 27th jan then 25th Feb then on 26th Feb but he said the case is not enlisted yet. Sir we are really in mental trauma completely unaware of the facts what is happening. The future of my brother is ruined due to this false case. The other party has only 4 witness. Now only the last one is remaining but she is not coming on the court on due date making the delay after delay. It is being 3 years the case is going on. How much time it can take to quash the case as everybody of this site is saying that the case is the fittest case fo quashing. Sir, Please help.



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 5 Replies

Suri.Sravan Kumar (senior)     27 February 2010

Now a days cases are listed in net. To know the status of ur case visit the court site and type the case details u will get the status of the case.

Bidhan Dave (Advocate)     28 February 2010

 

You are westing your time & money on quashing of Complaint. Generally the courts are not inclined to quash complaint in routine manner. Courts also gives opportunity to complainant & investigating agency to produce their evidence in trial court

It is always better to apply for bail application in the sessions court or high court & thereafter when the charge-sheet is filled in the court, face the trial.

If your brother is innocent, I'm sure he will by acquitted by the court. Have faith in judiciary

Regards

Bidhan Dave (Advocate)

Adv. Pankaj Patil (Advocate)     01 March 2010

hey dear

you can check the status of case on high courts web site by naming patitioners name as ur brothers name and it will be a criminal writ petition

but its better that you apply in trial court for speedy trial under art 21 of constitution and the case is serious in nature so high court may not quash it . the case do not depend on numbers of witnesses but the quality of witness deposition and good cross examination

Adv pankaj patil

Jalgaon


(Guest)

Mr Bidhan has given you good and clear advise. i do agree with him.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2010

Please tell the title and daily diary number and the name of state of which HC the petition is filed so that I can help u.


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