When to go for chargesheet quash

Please mention the offence and the sections involved.

@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. 

It is hypothetical to assume.

If you wait for the prosecution witnesses to be over (2^nd 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 (1^st 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.

@Isaac Sir : Thanks for the reply. 

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

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

@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.