I am a police man. One my colique abused me in facebook and threatened me to kill. I registered a case against him. To get rid from this case he lodged a fir against me through a noted criminal who is Schedule caste. So one Sc/st case has been registered against me which is totally baseless. I am in high court bail. Now I m interested to file a case u/s 482 crpc before odisha high court. can HC quash D fir in this stage?
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1. yes, your case is fit one where quashing should be allowed.
2. however to do this a prima facie connection between this person and the police officer is to be established.
3. in quashing the court only relies upon what is stated in the complaint and may not look beyond unless there is any unimpeachable documents is there.
1) quashing is to be done only in exceptional circumstances
2) wait for investigations to be completed , charge sheet filed then file for quashing before HC
3) HC would be reluctant to quash FIR pending investigations
Yes, if there is any ground of quashing then high court have right to quashed the same.
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I was on legal duty. I have strong document. After all police registered case against me in influence of d criminal who is a murderer and robberer. Odisha high court may quash d FIR or not ?
0rissa high Court may quash the FIR but better wait for investigations to be completed
if there is no substance in allegations police will file B summary report
The FIR can be quashed by the HC at any stage. Even before the chargesheet is filed the HC can quash the FIR. If you have cogent documentary evidence to prove that you were not present at the scene of crime mentioned in the FIR then you may approach the HC u/s 482 CrPC.
I am in high court bail. Now I m interested to file a case u/s 482 crpc before odisha high court. can HC quash D fir in this stage?
In my opinion, it would be better that you wait for the charge sheet to be filed after which you may approach high court with a petition under section 482 cr.p.c..
Because it would be clear from the charge sheet that what all ingredients that have been added falsely to strengthen their case, which can be denied by you with documentary proofs and on merits.
Therefore quash of charge sheet, in my opinion, would be a better option.
I was on legal duty. I have strong document. After all police registered case against me in influence of d criminal who is a murderer and robberer. Odisha high court may quash d FIR or not ?
If you are confident that you can come out with clean chit in the trial proceedings,, then as suggested, you may either file a quash petition after charge sheet is submitted before trial court by the concerned police or challenge the false case on merits before the trial court.