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Mohsin (Proprietor)     23 May 2016

Quashing of 420 case

Can i file quash proceding in a false case of 420 against me in sessio court. Charge sheet has been filed.


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 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2016

Has primafacie been established by the IO against U in the charge sheet? If not only U can go for a quash u/s482.

"  If false, frivolous and baseless FIR is registered, then a Petition / Application u/s 482, may be filed before the High Court, for the quashing of said FIR, on the ground that (a) “acts” and “omission” attributed towards the accused person in the FIR does not constitute any offence; or (b) No incidence of offence as alleged in the FIR has happened; or (c) the FIR contains “bare allegation” without attributing whatsoever “acts or omission” on the part of the accused person, towards the commission of the offences."


(Guest)
Quashing is entertained only in rare instances. If charge sheet is filed, there is high likelihood that a prima facie case is established and quashing may be hard. Work with an experienced lawyer to make strategy. It is not advisable to defend a criminal case based on opinions expressed in online forum, this type of case needs attention of seasoned professional and careful study of all documents.

Bhaskar Pandey (ADVOCATE)     24 July 2016

SIR/MADAM,

IF CS HAS SUBMITTED THEN U SHOULD FILE AN APPLICATION U/S 239 CRPC.


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