Dear Friends I am the accused in a criminal complaint filed U/sec156(3) and after investigation, the I.O. has submitted his final report u/sec 169 of C.R.P.C along with 'B' summary. Since 5 years the complainant has been filing frivolous applications before the Ld' Magistrate and seeking adjournments. "Process is yet not issued" Can I approach the Hon'ble High Court for Quashing of the criminal complaint. Looking forwards your your valuable inputs. Kishor Chhabria
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Hello,
Yes you can file a quashing petition under section 482 of Cr.p.c in the high court directly and if there is such a long delay then their are high chances that you will get a relief from the High court.
Numerous judgements in your favor.
Regards
Please help me with a Supreme Court citation
If the case is getting delayed inordinately then you may aproach high court with a petition for quashing the same under section 482 cr.p.c.
You may even get a direction for an expeditious trial and disposal.
I can not provide you exact judgments in relation to your issue, however to get a relief you will have to show to the court that the complaint was a frivolous once and since there is no prima facie case process has not been issued since last 5 years and therefore the case and summoning order is liable to fall
I cannot provide without reading the documents
Please help me with a Supreme Court citation
At this stage no citation will be of any use to you, because the case has not yet began so you may have to find alternate sources to get it disposed.
Gian Singh vs State Of Punjab & Anr on 24 September, 2012
Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 2014
Gold Quest International Pvt. Ltd vs The State Of Tamilnadu And Ors on 8 September, 2014
when was the B summary report issued?
2) has complainant filed any protest petition
3) whether magistrate has accepted the closure report
4) quashing is to be only in exceptional circumstances
judgments depend upon facts of each case .
you should state the facts of your case clearly . what happened after B summary report was filed
what is nature of frivolous applications filed by complainant
Thanks
1. yes, you should proceed under section 482 crpc for quashing on these grounds
a. there is inordinate delay and magistrate has not yet taken any action on final report.
b. proceeding is an example of abuse of process of law (state of haryana vs bhajan lal 1992 AIR SC)
above judgment is apply in your case and this proceeding shall be definitely quashed.
