Respected Lawyers in this forum:
I have a case against me lodged in a district court, which I want to take to high court for quashing. I would request lawyers in this forum to advise/opine on the following, which will not only benefit me in my case, but also (I believe) all current and future users seeking answers on "quashing":-
1) Can all cases, whether civil/criminal or others, be petitioned for quashing?
2) Is petition for quashing to be filed in the same court where case is going on, or in the next higher court?
3) Can petition for quashing be filed at any stage of the case?
4) If a court (where petition for quashing is filed) rejects/denies the petition, can the petitioner go to the next higher court with a petition for quashing?
5) What is the normal/average (a) time taken and (b) no.of hearings for the court to quash/deny quashing?
6) Is the physical presence of both the parties and/or witnesses required while the petition is heard?
7) If quashing is disallowed by the court, what happens? For example, if case is lodged in district court and petition for quashing is filed at and then disallowed by high court, does the case go back to district court for trial?
8) Continuing on Question-7 and the example given, can the high court, while disallowing the petition for quashing, direct the district court to (continue trial and) announce final judgement within a time frame?
Since I am a layman, kindly excuse my use of improper legal terms. Request esteemed lawyers to shed light on the queries above, preferably serial wise. I would also request all of you to put in more questions-answers on the subject of quashing in general, so that all of us laymen gain in knowledge and understanding.
Prasun Chandra Das