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sudha (n/a)     22 April 2014

Regarding quash petition

Hi Experts , Suggestion please

 

For a quash case in High court of Andhra Pradesh.

 

The petitioner provided some wrong evidences and filed for quash.

 

Now, if the Respondents give Strong arguments for examining the evidences and calling for witness to the Court.

 

Under such circumstances, whether quash can be possible.

 

Does the court call for witness to high court for examining them?

 or,

 if the judge feels like all the things respondents arguing were to be examined will the court be sending the case for proceedings in lower court  ?

 

Thanks in advance

 

 

 

 



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 April 2014

send the proceeding before lower court.
1 Like

Dr J C Vashista (Advocate)     23 April 2014

What is your status i.e., petitoner or respondent? What is the allegation in FIR (for qushing)

What are the evidence(s) which you claim to be false?

Incomplete informations

1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     23 April 2014

Quash does not work on such arguments and that is what most of the quash petitions fail.

1 Like

Biswanath Roy (Advocate)     23 April 2014

Quashing a proceeding from High Court is not a easy  task.  It has some standard legal proceedure which are to be strictly followed by the Hon'ble court.

1 Like

T. Kalaiselvan, Advocate (Advocate)     24 April 2014

The high court will not ordinarily entertain a quash petition and if the high court finds that the petitioner has not approached the court with clean hands and that the petition is devoid of merits and that the respondent proved with strong evidences in his possession that the petitioner has approached the high court for wrongful gains quash, the petition is likely to be dismissed.  What is your role in the said petition? In most of the cases the quash petitions are dismissed for lack of merits.

1 Like

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