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Vidya (ss)     26 November 2013

Time for charge sheet? and confused with quash petition

Wife and husband argued each other and left on their own way on 15/11/2012

Wife filed 498a and other cases on 09/03/2013 with fake address in where corrupted police working   

filed as 5 members accused : husband , mother-in-law, 2 sis-in-laws, bro-in-law

2sis-in-laws arrested on 13/03/2013 got regular bail on 18/03/2013

mother-in-law and bro-in-law got anticipatory on 28/03/2013

since the day of argument husband leave job and not in contact with any.

now sis-in-laws and bro-in-law and mother in law want speed up the trails but lawyer says police are not filing the charge sheet and suggested for quash.

even in quash he says petition filed on 13/ sep / 2013  notices has served. But replied revived as not delivered since based on that petition is still pending.

when we check on high court web it has shown

13/09/2013 petition filed

19/09/2013 notices

24/10/2013..... No status message

04/11/2013...... No status message

now it shows 05/11/2013

now my questions are

1. What is the time period for charge sheet?

2.what happens after quash petition in HC

3. How many days it takes for stay?

4. Will notices served only to complainer or to concern police station and PP?

5. Sure wife party has no evidences will court ask them to show any to stop quashing?

6. If they didn't reply to notice what happens? 

 

Thanks in advance



Learning

 7 Replies

SRISHAILA.DHARANI (Advocate&consultant)     26 November 2013

1. What is the time period for charge sheet?  --- 90 days from the date of fir

2.what happens after quash petition in HC  ---- 498 a proceedings will get cancelled or dismissed

3. How many days it takes for stay? ---  normally it depends on the facts, like 8 weeks or till the next date of hearing etc

4. Will notices served only to complainer or to concern police station and PP?  --- notices will be sending to the accuse only and later on to the witnesses

5. Sure wife party has no evidences will court ask them to show any to stop quashing? --- depends on the facts and evidence

6. If they didn't reply to notice what happens? ---  they will get arrested through nbw

T. Kalaiselvan, Advocate (Advocate)     26 November 2013

Srishaila dharani answered properly, but can you not ask all these to your lawyer whom you have paid fees?

Shantanu Wavhal (Worker)     27 November 2013

quashing is exception.

do not increase litigation at this premature stage.

let police file chargesheet

90 days limit is applicable when the accused is in custody, otherwise no time limit.


my take :

best way to tackle a false case = face the trial & get acquittal.

burdon of proof is completely on the complainant

and accused will get all benefits of doubt.

 

DO NOT GET RESTLESS.

Vidya (ss)     27 November 2013

Appricate your replay,

in this case even after 6 months no charge sheet filed

who is responsible?

Can we file any case against police because of not filing charge sheet?

How can they make the case come fast to trails and ask both parties to submit evidences?

once again thanks in advance

Of course I paid fee to my lawer and I can ask, if you really got any problem on suggesting please don't reply but stop your silly advices Mr. Kalaiselven

K*I*L*L*E*R (tech)     27 November 2013

Vidya mr t.kalaiselvan, advocate is very nice person when ever I asked any query from him he is aleary ready to help he is the best advocate in this form who helps the people 

May be he just want to convey u in normal way and u judge him in other way dont worry there r other pople eho may advise u but dont be rude to anybody

Vidya (ss)     27 November 2013

Thank you raja, I don't mean he is not advising... Defiantly he might be a good... But all I am worried is, he was not able to understand simple logic... That when their own people threating someone ... How can they depend completely on lawyers... For that only they expressed me, I posted here.... But getting advices to contact lawer.... Surly every petitioner 1st ask everything to their own layer ... It is well known truth...

K*I*L*L*E*R (tech)     27 November 2013

I agree with u, yes the only possible way is to have full knowlege and takeover of ur own case othere wise nobody will care 


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