How to quash criminal case case after 6 years
2 years ago
I want to quash a case in 420,406,468,471,156(3)Cr.PC the criminal courts have taken 6 years for completely baseless and false case can I now file for a quash petition
Koslesh Kumar
Responded 2 years ago
All the evidence who you false implicating in this FIR. annexed in your petetion
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If the High Court believes the individual is innocent and has been wrongfully accused, it might order the FIR to be dismissed. If the person who has been wronged has been arrested, a High Court can reject the FIR as a false case and direct the police to release him.
Thank you for your time and consideration; please rate the response.
The High Court can order a FIR to be cancelled if the court is persuaded that the individual is innocent and has been unfairly accused. If the aggrieved person has been arrested, a High Court can dismiss the FIR on the grounds that it is a false case and order the police to release him.
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A.Yes you can do so and for that you will have to move an application under Section 482 of CrPC at the High Court of the state where your case is being running for trial.
Section 482 in The Code Of Criminal Procedure, 1973
482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
You can read about how to quash a case in High court in this blog
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Ab 6 years se aap ka case kis stage par hai. Kya charge sheet aa gai hai. If charge sheet aa gai hai tab aap charge sheet ko nirast karne ke liye high court writ file kar sakte hai.
Vaidehi Samant
Responded 2 years ago
A.To quash an FIR you will have to file a Writ Petition in the High Court of your concerned State through a lawyer. Further the opposite side will be summoned and the matter will be decided on merits of the case and overall conduct of the accused and limitation period etc will be taken into consideration. Thank you.
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