I have a case filed on me under sections U/s 419,420 r/w 34 IPC and 66 D IT Act-2000 on [deleted], we are total of 18 members, there are no victims/complainants in it. No chargesheet has been filed till date. Is it possible to quash the FIR from High Court? If so , Does it need that all accused have to file petition or anyone can be quashed as other accuseds are not interested in case or spending money on it. And How long the procedure might take as I have a business visa proposal from USA and this case has tied my hands to do anything. Suggestions will be appreciated.
Hello,
Yes one of the accused can file the FIR quashing in the High Court.
I will have to see the FIR and your version of the case in details to tell the merit of the case, delay in filing the charge sheet is not a ground for FIR quashing.
Regards
Let me know if I can be of further help.
Approach the High Court and file a petition under Article 226 for quashment of this FIR. You can individually file it and it is not necessary that all 18 must approach the court to get the FIR quashed.
It shouldn't take more than 2-3 to draft and file this petition, thereafter it will be taken up for hearing by the Court.
Yes .it is possible to quash the FIR
1)quashing is to be done only in exceptional crcumstances
2) if allegations made in FIR do not disclose commission of an offence quashing can be done
3) HC is generally reluctant to quash FIR pending investigations
4) wait for filing of charge sheet then take a call
Yes partial quashing of FIR is possible, Recently Hon,ble Supreme Court has given a judgement in this regard. No time limit
Dear Client,
You alone can file petition in high court for quashing FIR. It wont take much time to get decide your petition ( depends on your advocate capability) and you stress ur case on your innocence only, stretching other accused cause might create confusion, but cant suggest if it will surely get quash without reading the FIR.
Also don't emphasis in the petition of non fling of charge sheet, lest court may order to complete the investigation in particular period.
you file a aplication u/s 482 of cr.p.c.. for quash charge in DIST. SESSION JUDGE OF HYEDRABTD--
AFTER THAT you approach high court. if did not get positive order.
thanking you
parvez akhtar advocate..
You can file a petition under section 482 cr.p.c. only for yourself by seeking to remove your name from the FIR on the basis of reasons and merits you rely upon.
