Necessity of FIR & Chargesheet quashing prayers in 482 application
2 months ago
I want to go for FIR and Chargesheet quashing both in my 482 application pending before the Allahabad High Court after a stay of the same as the complaint belongs to repealed Section 66A of the Information Technology Act, 2000. However, these prayers were not specifically mentioned in my revision petition under 482 as it was dismissed by lower Courts. Can I pray the same in my final arguments or I should amend/add my prayer by an application in this regard separately in the High Court?
A.Dear Client,
In your final arguments before the Allahabad High Court, you can certainly bring up the issue of quashing the FIR and chargesheet based on the repealed Section 66A of the Information Technology Act, 2000. While it would have been ideal to explicitly mention these prayers in your initial petition, you can still address them during the final arguments. It's crucial to emphasize the legal grounds and provide reasoning for seeking quashing. If you feel the need to make it more formal, you may consider filing a separate application to amend or add these prayers, ensuring clarity and precision. Reference relevant sections of the Criminal Procedure Code (CrPC), such as Section 482, to support your request for quashing.
Thankyou
In your final arguments before the Allahabad High Court, you can certainly bring up the issue of quashing the FIR and chargesheet based on the repealed Section 66A of the Information Technology Act, 2000. While it would have been ideal to explicitly mention these prayers in your initial petition, you can still address them during the final arguments. It's crucial to emphasize the legal grounds and provide reasoning for seeking quashing. If you feel the need to make it more formal, you may consider filing a separate application to amend or add these prayers, ensuring clarity and precision. Reference relevant sections of the Criminal Procedure Code (CrPC), such as Section 482, to support your request for quashing.
Thankyou
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