LIVE Online Course on Indian Constitution by Dr. Ravishankar Mor. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajiv kumar (abc)     06 December 2016

Quashing due to delayed and irregularity in procedure

It's being more than 7 years of trial in 498a and no progress happened , she did not record her statement even till date, no other witness appeared till date. multiple summon from learned court, two bailable arrest warrant against witnesses for appearing in court and record the statement. there was nothing offered and no recovery had happened u/s 406.  

Can we file quash petition u/s 482 or any other provision of law in High court?

Can High court order for quashing for WRIT under 226 ? 



Learning

 5 Replies

Pawan S (06292021602) (Advocate)     06 December 2016

Quashing of FIR in 498a can be filed under CRPC 482 in the high court and it can be done only before the trial starts.

 

 

Go to the High Court and file Speedy Trial U/S 483 CrPC read with Article 227 of the Indian Constitution by praying that to direct the Learned JM to dispose of the 498A case within 6 months from the communication of the order. The order of speedy trial entirely depends on the discretion of the court. The applicability of speedy trial, would depend on the fact-situation of each case as it is difficult to foresee all situations and no generalization can be drawn.

 

1 Like

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     07 December 2016

File Applicantion in same court to dismiss the case for want of evidence.
 

1 Like

Rajiv kumar (abc)     07 December 2016

Dear both, thank you for your reply. 

Dear Zoheb sahab, under which provision this application can be filed in same court. 

jyotirmaya behera (advocate)     07 December 2016

You can file U/S 482 for quashing of fir but you have to proof that in that case you have no hand. Till date if there is no involvement in Section 498A then court can quashed. U/S 482 for quashing of fir can be file in high court

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

Kumar Doab (FIN)     08 December 2016

You can benefit from advise of members.

Your own counsel can advise you further.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query