LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

LoneFighter (IT)     28 September 2014

When to go for chargesheet quash

Dear experts,

Chargesheet quash

--> Which one would be good... 

1) if one apply for quash petition as soon as chargesheet is filed based on the merits of chargesheet

2) Or should one wait for prosecution witness to be over to apply for quash..

Which of the above have more chance of quashing to happen...?

Please suggest.....

Thanks,



Learning

 9 Replies

santosh kumar sahoo (Advocate)     28 September 2014

i think one should prefer first option.

Rajender Kalra (Men's Rights Activist )     28 September 2014

Please mention the offence and the sections involved.

LoneFighter (IT)     28 September 2014

@Rajendra Kaira Sir: Chargesheet sections unknown but fir filed under 420 417 and 509.

but 509 and 420 will be ruled out since investigation showed no offense made under these sections. Not sure of chargesheet sections yet.

@Santosh sir: Thank you. 

Isaac Gabriel (Advocate)     29 September 2014

It is hypothetical to assume.

Ashok, Advocate (Lawyer at Delhi)     29 September 2014

If you wait for the prosecution witnesses to be over (2nd situation), then the trial itself would almost come to an end, since what would be left then would be statement of accused under S. 313 Cr.P.C, his defence evidence (if any) and the final arguments. So, there is no point in going for the so-called quashing of charge sheet after the prosecution witnesses are over.

 

 

Therefore, the so-called quashing of charge sheet would be relevant only when it is after filing of the charge sheet (1st situation). Moreover, you should call it “discharge” instead of calling it charge sheet quash, since usually after filing of charge sheet you would be filing a discharge application.

1 Like

sankar P (supervisor)     29 September 2014

Thank you for your Valuable information sir @ Shri. Ashok sir

LoneFighter (IT)     30 September 2014

@Isaac Sir : Thanks for the reply. 

@Ashok Sir: Thank you very much for the info. 

sankar P (supervisor)     30 September 2014

Sir,

1. Where to go for Quash charge sheet in the same lower court or High court?

2. When to go for Quash before first summon recived or after?

3. Charge sheet Quash means If any Coontraversy in FIR copy and Charge sheet copy or What it MEans

Kindly advice me sir,

best Regards,

MAny Thanks,

Shankar

LoneFighter (IT)     30 September 2014

@Sankar:

1) quashing of either chargesheet or fir can only be done by highcourt or supremecourt.

2) you can apply for quash as soon as FIR/chargesheet is filed.

3) Let the experts answer the query or you could search on the same forum. the difference can be found. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query