U/s 354(A), 506, 403r/w, 34 IPC and Sec 12 of POCSO Act & Sec 75 of Juvenile Justice (care and Protection of Children) Act 2015
2 years ago
As per above given Title - Case is filed in disctrict court and till now prodceedings and trail schedules are not started yet.
Now as we want to know can we approached to High court with quashing this FIR ? if yes what are required documents need for this quash? Can we request for police invsetigation report of this case from court or police ?
A.Hi,
You can approach the HC Under Section 482 CrPC. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court.
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A.If the case has not started and it has taken long time ( you have not mentioned how much time has elapsed) then you can approach the high court and under Section 482 of CrPC you can move an application for quashing of the criminal proceedings at the lower court.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can very well approach the high court and get the criminal case quashed. You need to consult with an local advocate in order to get the investigation report from the police, and then approach the High Court for quashing the case.
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A.Dear Sir,
If charge is not framed then you can file quashing petition before the High Court. copy charge sheet is available in court and you can get certified copy of it. So take guidance of local advocate and get copies and approach high court for quashing
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