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Shree. ( Advocate.)     17 March 2008

When charge-sheet can be quashed??????????

When charge-sheet can be quashed??

Hello law members,
Some times Police files chargesheet in the lower court and it is excepted , but accuse moves to HighCourt or SupremeCourt and chargesheet is quashed by the HCor SC even before the trial starts. My question is on what grounds chargesheet is quashed?


Learning

 11 Replies

Rajesh Kumar (Advocate)     19 March 2008

The charges can be quashed on one ground only- there is no prima facie case against the accused. Prima facie case means, even if all the averments of the prosecution is accepted as true then also all the substantive ingredients of the alleged offence is not satified.
2 Like

ankit (student)     04 April 2008

absolutelt rite sir,thanq

Guest (n/a)     20 August 2008

sir,
can a chargesheet in 498a, 506 ipc and 3/4 d.p. act be quashed even if prima facie case had been made out and the magistrate has taken cognizance and issued nbw's.
kindly inform at 9451371070 and this email id and also mention your contact no and email
regards,
sonia gupta

Guest (n/a)     20 August 2008

SIR,


CAN CHARGESHEET BE QUASHED IF PRIMAFACIECASE MADE OUT, COGNIZANCE TAKEN, NBW'S ISSUED UNDER SECTION 498A, 506 IPC AND 3/4 D.P. ACT


REGARDS


SONIA


9451371070


 

Rajesh Kumar (Advocate)     21 August 2008

No, it cannot be quashed. If u send me the complete details on rk1771@gmail.com, i will be in a position to give u some more inputs.

Rajan Salvi (Lawyer)     22 August 2008

Charge sheet can be quashed when prima facie case is mde out?


Please refer (2004) 6 SCC 522.


The Hon'ble Supreme Court has discussed as to when such quashing is justified. The Court observes that no hard and fast rule can be laid down for exercise of the exraordinary jurisdiction of ht High Court while exercising powers u/s 482

Malik_Arjun (Freelance)     08 September 2010

my fir is of  2005 and still trial is not strted 1 or 2 times i had to appear the lower court also fc court matter is moving since 2005 evry mnth i hve to attend once again i hve been asked to setle by huge payment which is not within my capacity i hve lost job and prsnt wrkng prt time

as i hve not yet received the charge sheet the case number has been given shall i take the charge sheet and decide if i can get it quashed by hc as there is no evidence only allegation

now financial black mail till date i hd pd 150k and lost 180k in legal exp fr session lwr crt fc crt

lost my career almost 7 yrs pls advice shll i take the chrgesheet frm lwr crt

arjun

Arup (UNEMPLOYED)     08 September 2010

mr i malik,

put your matter inti family sec also.

here, how you suffer is not in question.

the point is, whether,the case  prima facie stands at all or not.

for this purpose you please look into the charges alleged by the state against you.

next , in prima facie the case stands at all or not.

i think you understood the meaning of prima facie.

the word 'coerce' used in 498a.. by the word coerce, the act means that the highest degree of torture made to wife which was harmfull to her body and mind.

if you found that your case did not fall into it  you may proceed for quash u/s 482 of crpc at yr hc.

Malik_Arjun (Freelance)     13 September 2010

Arup and Rajesh Kumar

Thank you sir i will see the details

i had married to the poorest family girl without taking any dowry as it was being arranged marrige which lasted 2 months soon after i went back to work in gulf see went away with her brother and did not return and never spoke to me for surprisingly they complained.

As i know there is not a single evidence even in fc cross examining mis statement made by wife for amount of dowry demend for which i got the copy.

when the complaint lodge i was in gulf after 3 months i was thretened by police saying if i am not coming india they will arrest my sr. citizen parents when i came they alleged me of asking dowry of 1 lakh

as i hve not yet received the charge sheet the case number has been given shall i take the charge sheet by requesting court as its almost 5 yrs now and decide if i can get it quashed by hc as there is no evidence only allegation.

All i need to know is how will get the police report and charge sheet as the case number is already made at lower court in 2008 and evry time i hve to attend and they give me next date no question nothing.

Thank you all at lawrys club expecting more answers which may help me go further i am getting tired still running for courts standing long hours doing good for nothing simply waste of life i want to go till it takes me how far

Sarvesh Kumar Sharma Advocate (Advocacy)     14 September 2010

quashing chargesheet  u/s-482 is not right . it is discriatonery power .

so ground can be differ as avobe expert has told before.

but there is no typed performa that will help ful to certainy quashing in the chargsheet.

Sarvesh Kumar Sharma Advocate (Advocacy)     14 September 2010

sorry some text missing on the avobe explaination-

plz. read  -quashing chargesheet  u/s-482 is not a legal right . it is discriatonery power  of higher court.

so ground can be differ as avobe expert has told before.

but there is SH no typed performa that will help ful to certainy quashing in the chargsheet.


 


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