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Priyaprasad D   29 November 2021

quash petision

shall we approch highcourt for quash in trail time (LW1 CROSS IS GOING ON) ?


 5 Replies

Shubham Bhardwaj (Practice)     29 November 2021

Dear Sir, 

Quashing petition must be filed only if it is covered under the precedents governing Section 482 Cr PC. One of the basic criteria is if on facts as mentioned in the FIR or chargesheet, the offence is not made out. However in your case since evidence has already started therefore it means that the charge has already been framed. If charge has already been framed then it means that court is prima facie satisfied that there is sufficient evidence to proceed for trial. Ths chances of quashing would be slim to none. Thus, quashing petition may prove to be a bad decision. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance.  

 

P. Venu (Advocate)     29 November 2021

You have not posted the material facts.

Advocate Bhartesh goyal (advocate)     29 November 2021

Since trial has commenced so no chances  quashment of charge sheet.

Priyaprasad D   30 November 2021

if there is no sufficient evidence except coerced ,involuntary hand written letters in bank case is ,can i proceed for quash in trail time

Shubham Bhardwaj (Practice)     01 December 2021

Dear Sir, 

Whether the evidence is sufficient or not is a matter of trial. Further, since the judge is prima facie satisfied that there is sufficient evidence to proceed with the trial, the chances of quashing succeeding is very very low. I would not recommend to go for quashing at this stage. 

Regards

Shubham Bhardwaj (Advocate)


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