Notice awaited - Applied for quashing in high court
2 months ago
In a false SCST case where charge sheet not submitted since 2021, and case pending in district court due to CS, e-court service app shows : Business: awaiting Notice, next purpose: Final Form, next hearing date : 30/03/2024.We are released in AB by High court and No police contact till date. Applied for quashing in high court (no response in service notice by victim- 9 months). What to do next?And do the Notice awaited is a summon for us or to police who are not able to submit CS?
A.Dear Client,
The filing of a charge sheet within specific time frames is mandated by the Code of Criminal Procedure. In cases under lower courts, it must be done within 60 days of the accused's arrest, while for cases under the Court of Sessions, the limit is 90 days. Failure to meet these deadlines, as per Section 167 of Cr. PC., grants the accused the right to default bail if the charge sheet is not filed within the stipulated time from the date of remand.
Anticipatory bail, governed by Section 438 of Cr. PC., can be sought to prevent arrest. Section 482 of Cr. PC. empowers the High Court to dismiss criminal proceedings, requiring the accused to demonstrate that the FIR was falsely lodged with malicious intent and lacks truth, with the burden of proof on the petitioner.
Additionally, an application for quashing the FIR can be made before the High Court under Article 226 of the Constitution, using a Criminal Miscellaneous Writ Petition to invoke the court's extraordinary jurisdiction. To address false allegations and harassment, an online complaint can be submitted to the National and State Human Rights Commission through their official website.
The filing of a charge sheet within specific time frames is mandated by the Code of Criminal Procedure. In cases under lower courts, it must be done within 60 days of the accused's arrest, while for cases under the Court of Sessions, the limit is 90 days. Failure to meet these deadlines, as per Section 167 of Cr. PC., grants the accused the right to default bail if the charge sheet is not filed within the stipulated time from the date of remand.
Anticipatory bail, governed by Section 438 of Cr. PC., can be sought to prevent arrest. Section 482 of Cr. PC. empowers the High Court to dismiss criminal proceedings, requiring the accused to demonstrate that the FIR was falsely lodged with malicious intent and lacks truth, with the burden of proof on the petitioner.
Additionally, an application for quashing the FIR can be made before the High Court under Article 226 of the Constitution, using a Criminal Miscellaneous Writ Petition to invoke the court's extraordinary jurisdiction. To address false allegations and harassment, an online complaint can be submitted to the National and State Human Rights Commission through their official website.
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A.Dear Client,
A charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by the Court of Sessions. If the charge sheet is not filed within the prescribed time mentioned above, according to section 167 of the Cr. PC, an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within the prescribed time limit from the date of remand. Anticipatory bail is granted under Section 438 of the Code of Criminal Procedure. Section 482 of Cr. PC. empowers the High Court to dismiss criminal proceedings against the accused. It is essential to prove before the court that the FIR was falsely lodged against you with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of FIR can also be filed before the High Court under Article 226 of the Constitution of India using a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR. Apart from this, you can submit an online complaint before the Chairperson, National, and State Human Rights Commission on its official website (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) informing them of the harassment you have been facing for false allegations.
A charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by the Court of Sessions. If the charge sheet is not filed within the prescribed time mentioned above, according to section 167 of the Cr. PC, an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within the prescribed time limit from the date of remand. Anticipatory bail is granted under Section 438 of the Code of Criminal Procedure. Section 482 of Cr. PC. empowers the High Court to dismiss criminal proceedings against the accused. It is essential to prove before the court that the FIR was falsely lodged against you with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of FIR can also be filed before the High Court under Article 226 of the Constitution of India using a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR. Apart from this, you can submit an online complaint before the Chairperson, National, and State Human Rights Commission on its official website (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) informing them of the harassment you have been facing for false allegations.
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