Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir
Under Section 482 of CrPC inherent power of the high court are given. Under this section you quash a criminal proceedings if no prima facie case was made out against the accused. Under this section you quash the First Information Report (FIR) as well. You could find lawyers through vidhikarya in your city who could file a appeal under section 482 of the CrPC in the High court.
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Under Section 482 of CrPC inherent power of the high court are given. Under this section you quash a criminal proceedings if no prima facie case was made out against the accused. Under this section you quash the First Information Report (FIR) as well. You could find lawyers through vidhikarya in your city who could file a appeal under section 482 of the CrPC in the High court.
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Adv . Shirish Patil
Responded 2 years ago
A.it depends on the facts of the case.If there is no any material against the accused then the court by using their discretionary power can quash the FIR against the accused. By considering the material mentioned in the FIR any person can go for quashing of FIR
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A.Hello Sir.
In the case of Bhajan Lal, where the SC held that the quashing power under Section 482 CrPC can be exercised — if the allegations made in the FIR/complaint, even if taken at face value, do not prima facie constitute any offence or make out any case against the accused.
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In the case of Bhajan Lal, where the SC held that the quashing power under Section 482 CrPC can be exercised — if the allegations made in the FIR/complaint, even if taken at face value, do not prima facie constitute any offence or make out any case against the accused.
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