QUASHING of FIR Under Section 482 of CrPC QUASHING of FIR Under Section 482 of CrPC

2 years ago

In 2003 my father was trapped by ACB in demand of bribe case.This is a false case,but still my father was convicted in 2010 as our advocate was not good and we appealed Telangana High Court in 2010.From 2010 we have no job and no income.My father was depressed and gave up.So in lockdown i studied the case deeply and at this point of time we are in a position to prove that 1.this is a false case and 2.DSP colluded with complainant.We want to approach High Court u/s 482 of CrPC as we have concrete evidence within the case file to prove that false FIR was registered.The question is 1.Can we approach High Court u/s 482 to QUASH FIR at this point of time.2.Will my father get his job if FIR is quashed.3.How to take legal action against complainant and DSP.4.Please suggest other legal remedies available

Responded 2 years ago

A.Firstly had you challenged the order passed by the Special Court of ACB in High Court ? F.I.R quashing is another thing, when you face the trial and you know that FIR is false and bogus then approach the High court for quashing.
Secondly if you not challenged the judgement passed by the special court of ACB within limitation then court observed that you committed that offence and you punished accordingly. From 2003 to 2010 your father faced the trial and in 2010 convicted by the court and from 2010 to 2021, I think your father complete their punishment.
Thirdly you said your father got his job when FIR is quashed, it happens when your father initially took step to approach High court for quashing, your father is convicted and undergone from punishment and no one challenged the Judgment and complete his term in jail and he is out from bars then their is no scope for quashing, your father's case file is in record room.

and if whole procedure is not complete and their is scope for justice.


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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Instead of S..482 you should apply for a fresh appeal before the HC u/S 397 CrPC since the former is used only during ongoing proceedings in lower courts. You can register a police complaint against the DSP and others for criminal conspiracy u/S 120A IPC.
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Anik

Responded 2 years ago

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A.Hi,
S.482 cannot be utilized retroactively and is only used during the pendency of proceedings. You can appeal before the HC u/S 397 CrPC. If the HC reverses the previous judgement even then the employment is contingent.
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Sidhaarth

Responded 2 years ago

A.The stage of Quashing has already gone. Since your father was convicted after due trial hence your father can only file appeal or revision against the order. The order in appeal or revision setting aside impugned order is as good as quashing. If order is not challenged till date then period to challenge order stand expired and order of trial court stand confirmed.
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.You are already in HC.
Once convicted, there is no possibility of quashing.
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Abhimanyu Shandilya

Responded 2 years ago

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A.If you have appealed to High Court and the case is still sub judice then you can think of getting it quashed under Section 482 but technically if it is already in appeal then it would be moving to the same court. Generally you take the help of Section 482 when the matter is being tried at lower court but since you have already appealed to high Court so Section 482 might not be a good idea. You may think of revision of under Section 397 of CrPC instead.

Section 397 in The Code Of Criminal Procedure, 1973
397. Calling for records to exercise powers of revision.
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order,- recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation.- All Magistrates whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub- section and of section 398.
(2) The powers of revision conferred by sub- section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

You can also read a blog on quashing of FIR and criminal proceedings https://www.vidhikarya.com/legal-blog/Quashing-of-FIR-and-criminal-proceedings-of-498A-by-High-Court-under-Section-482-of-CrPC
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