yogesh (will tell you later) 09 November 2012

Quashing proceedings file before or after framing charges??

If challan has been filed by Police u/s 498-A/406 cases before the magistrate and date has been fixed for framing of charges. In such case if the Ld magistrate is not cognizance to take offense on the basis of its jurisdiction..In such case whether petition for quashing proceedings to be filed (u/s 482 CrPC ) before framing of charges or after framing of charges??

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6 Replies

Rahul Kapoor (Legal Enthusiast) 10 November 2012

hello,

once chargesheet has been filed then FIR cannot be quashed.

and yes on the basis of jurisdiction FIR can be quashed.

regards-

rahul.gogreen@gmail.com

yogesh (will tell you later) 10 November 2012

Thanks for reply, But here the challan has been registered and directions has been made for next date for framing of charges..Whether it is right to proceed u/s 482 for quashing of proceedings or wait till charges will be framed by trial court???

Because many says that proceedings cannot be quashed once the charges has been framed by trail court