FIR QUASHING
3 years ago
CAN A FIR BE QUASHED BY THE HIGH COURT IF THE PERSON WHO HAS A FIR REGISTERED ON HIS NAME IS OUTSIDE OF INDIA. THE FIR IS REGISTERED UNDER THE SECTIONS OF 420/406. THE SAME FIR IS CANCELLED BY THE DISTRICT POLICE BUT A PLEA HAS BEEN MADE BY THE COMPLAINANT TO THE DISTRICT COURT FOR THE RE-INVESTIGATION. THE JUDICIAL MAGISTRATE IS YET TO GIVE ORDERS FOR THE SAME. EITHER IT WILL BE RE-INVESTIGATION OR COMPLAINT CASE IN COURT. THOUGH IT IS CLEARLY MENTIONED IN THE POLICE REPORT WITH THE OPINION OF DEPUTY DISTRICT ATTORNEY THAT NO CRIMINAL CHARGE ARE LIABLE IN THIS MATTER. THE FIR NEEDS TO BE QUASHED URGENTLY AS WE NEED POLICE CLEARANCE CERTIFICATE. IF WE FILE AN APPLICATION IN COURT DOES IT REQUIRE MY BROTHER'S PHYSICAL PRESENCE? AS HE IS NOT IN INDIA AND THE FIR WAS REGISTERED IN HIS ABSENCE .
You have to approach High Court under Section 482 of CrPC. First the Investigation will be stayed if there are grounds to stay then it will be quashed.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Under ordinary circumstances, the accused must be present when applying to quash the case. However, considering the situation with the global pandemic, your brother might not be able to undertake international travel. As such, the Court might allow you to make the representation on his behalf.
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He would normally have to be present in person. However, considering the pandemic, it might not be easy for him to travel between countries. You should get yourself appointed as his representative and then you can make an application to quash the FIR on his behalf.
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