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Zeeshan (Hidden)     17 September 2011

Where to go ? quash or face the trial ?

I have some confusion , many experts here & at court told to go for quash of my 498a at high court. But some experts , I/O & known persons at court says don't do anything. You case has no power. " case will be ended in 3-4 dates only." 

I am confused. Chargesheet filled. 1st date is 7,jan.2012. 
1) If I go for quash in high court, dates there are of generally 3/3.5 months.
2) No idea of facing trial. Heard there dates are also of 3/3.5 months.

What to do ? What are the benefits of quash over trial ?

 10 Replies

Sanjeev (Lawyer)     17 September 2011

HC dont normally quash the case and do not interfere in trial. This just delays the trial if you already have bail in place let the case start I would not say these end up in 3-4 dates it would take years but at some point of time these would be compromised. HC will also send back for trial after sometime so suggest go for trial.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     17 September 2011

It is impossible to finish the case in 3 to 4 dates.  Take a chance to challenge it in the High court.

1 Like

prashant pundhir (Criminal Lawyer)     18 September 2011

You have two options:-

1.Go to the high court u/s 482cr.p.c. against the trial however it is a delayed action .

2.Put up your matter stongly before the court concerned at the stage of  the charge for dishchaging the case .

The secondone is the better option as 482 is always opened and you can go to high court against the charges framed by the court concerned and can put your evidences .

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     18 September 2011

This site is full of quash experts  but generally quash is not possible. You will waste time and heavy fees instead put efforts in lower court to demolish the evidence.

1 Like

prashant pundhir (Criminal Lawyer)     19 September 2011

Dear friend JSDN,better you comment after reading the advise completely .Adv.RaRajeev is only saying to take a chance and I also advised to protest on the stage of charge and which is his right .Even then if the court concern frames the charge then again it is his right to file the rivision in session court or directly to go to the high court u/s482 .Nobody advised to go for the quash .All the learned experts are respectable and we must not comment on there advise just for showing our superiority .we the forum members must take care of the respect and feelings of the other learned forum members .

                                                                                      Thank you . 

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 September 2011

Are you not cruel to a person suffering to suggest 482. I have just told it is expensive and not practical. Sharp shooters like you are needed in experts section which is full of I agree and I also agree crowd.

1 Like

Zeeshan (Hidden)     19 September 2011

What about filing discharge petition ? Does that work ? 



Democratic Indian (n/a)     19 September 2011

Gentlemen let us not fight among ourselves needlessly. The suggestions given by Sanjiv, Adv. Rajoo, Prashant Pundhir and JSDN are all correct. Non of them can be said as completely incorrect. Sanjiv, Prashant Pundhir have tried to explain the matter in detail. Suggestion by Adv. Rajoo also cannot be said to be totally incorrect.

But I will give slightly more marks to suggestion given by JSDN since he has given an accurate advice that he would be wasting time and advocate fees in High Court at this stage and is better to demolish the evidence at the lower court itself. Other options are always open at later stage also.

JSDN: I have been reading your replies and I find them really accurate and too the point. I found your observation and points about the tenancy laws really clear and helpful. Looks like he is a person with an eye for detailed analysis of the problem, like a person from some technical background. Also his observation in other threads, that law in the law books and in practice is different is true but a sad reality.

I agree that the Experts Section has scope of lot of improvement. People with deeper understanding of the Law and the Constitution would surely add value. In Experts Section I found replies of Devajyoti Barman, JSDN and Arvind to be good and precise. This is just my personal observation, others may disagree. Also it does not mean that replies by others are bad. Though it is not always necessary to agree, in many cases even "I agree" has a value, in the sense that it gives confirmation as to how many experts have the same view.

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 September 2011

Yes the advice should help the victim not to misguide him , that is my purpose even at the expanse of abuses since I actually work on these matters and on the lines suggested by me in courts.

democratic Indian you have done a service for victims by analysing all the inputs., this way this site can remain healthy.

prashant pundhir (Criminal Lawyer)     19 September 2011

You mean to say that 482cr.p.c. is a useless section ?If you think so,just log on to the site of high court, Allahabad and see the decision in case no.19602 year 2011.It is a case of sec.302,307IPC .During trial the session court summoned 2 more person u/s 319cr.p.c. . I filed 482cr.p.c. against the summoning order of the session court and high court stayed the order of the session court . It depends that how smart and technical you are in putting your case u/s 482 cr.p.c.

Anyway,I does not deal with 498a like petty cases as I am over burdoned with S.T's .

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