My fir quash in high court madras has been dismissed and I need to know if my fir quash is allowed or admitted in Supreme Court of India, what will be the status of my fir will they change fir into charge sheet or will it be in pending till the case pending in Supreme Court
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Hello,
1) If your appeal gets admitted in the Supreme Court, while it is pending the FIR may not proceed to the stage of charge sheet, provided the information is handed down to the concerned police station.
2) As soon as the Appeal gets admitted, you can request the court for an interim order to stall the proceedings in the trial court.
If SC admits your appeal and stays proceedings no charge sheet would be filed
what happens only if it is admitted without any interim stay from supreme court , till the time of arguement from opponent , what will be the fir status, will it be in stay or it will be proceeded to chargesheet
Hello,
1) As I stated earlier the information of the appeal being admitted must be intimated to the trial court and the concerned police so that no further steps are taken during the pendency of the Appeal.
2) If the state is pursuing the case strongly, it will stiffly resist the Appeal in the Supreme Court. You need have the best preparation tho get the desired results com the Supreme Court.
1. Against the order of high court, you can always file an appeal in supreme court.
2. Now if the supreme court admits the SLP nd grants stay on further investigation then FIR will remain in investigation stage only.
3. If you filed quashing in FIR stage then getting it admitted in Supreme Court is vert bleak . You should have waited till submission of charge sheet.
If there is no stay order passed by SC then police can complete investigations and file charge sheet
If there is no interim stay, then it will proceed. They can file chargesheet. Usually, the Advocates say that once chargesheet is filed your petition becomes infructuous. But recently there is a SC judgement in this regard.
ok if the charge sheet is filed and if still fir quash in Supreme Court is still pending , what will be the status 1. will I be asked to attend the trial 2 or i shall wait till supreme court judgement is released , ie will it be still be in charge sheet level
Afterfiling of charge sheet there may not be further trial till appeal is disposed of in SC
1. If your petition for quashing the FIR is allowed by the Supreme Court then it is quashed. Not quashed for being admitted only.
2. The IO might file charge sheet based on the FIR during the pendency of the hearing before the Apex Court.
FIR exists even if the quash petition has been admitted before the Supreme Court unless it is allowed.
1. Unless the FIR is stayed, you shall have to attend the trial.
2. The trial will not be held up waiting for getting the final order from the Supreme Court.
What is the reason quoted by High Court for dismissing?
1)during the pendency of quash petition you have to attend the trial otherwise court can issue NBW.
the reason quoted is not Clearly mentioned , my case is my father gave me a settlement which has some problem like place of occurrence is mentioned wrong in document and he was in hospital so high court said how can he sign the document in house when he was in hospital actually registrar made mistake for coming out of jurisdiction he mentioned house address . so high court refused my fir quash
Unless the stay is granted there is no illegality in further trial of the case.
Hon’ble Supreme Court has allowed a Criminal appeal here on (Seventh January, Two Thousand Nineteen) against the order of High court by stating that before dismissing an application under Section 482 Cr.P.C the High Courts must understand the factual matrix.
The above decision was given in the case of Monu v. State of U.P. & Anr. in which hon’ble court declared that in the matters when the high courts are dismissing the application of Cr.P.C 482 they must know the facts first.
By impugned order, the Single Judge dismissed the appellant’s application filed under Section 482 of the Code wherein the challenge was to set aside the charge sheet dated 18.09.2015 and 22.09.1017 framed by the Additional Sessions Judge/ Fast Track, Court No. 3, Muzaffarnagar arising out of Sessions Trial No. 798 of 2017, State v. Monu under sections 420, 498A,323,376,506 of the Indian Penal Code,1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Deprived by this order the applicant filed this criminal appeal to the Supreme Court.
DECISION OF THE SUPREME COURT
Supreme Court held that the single judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then should have examined the challenge made to the proceedings in the light of the principles of law laid down by this court on the question involved with a view to record the findings on the grounds urged by the appellant as to whether any case for interference there in is made out or not.
Thus, the appeal succeeded and High Court was ordered to re look into the application.
Very latest judgement that can be used as reference
1. You will have to attend the trial.
2. From chargesheet to start of trial it will take anywhere between 3 to 6 months. Then you will get a notice to attend. Every time the notice is sent it take 1.5 to 2 months between notice and the next date of hearing. So ideally you have anywhere between 6 months to 1 year before the actual trial starts. And you can perhaps try at the Police Station to delay filing of the chargesheet if you can.
But SC case doesn't get decided that soon I guess. It will take more than an year or two.
What you can do is suppose the charge sheet is filed, again approach the HC and file for quash of charge sheet. Make sure you get an interim stay on the trial.
Alternatively, you file for discharge as soon as it comes for trial. Each one of them will take months together. Hence you can drag the case at each and every step.
And stop worrying. If you are not involved in a heinous crime then you need not worry much. Just that these cases takes its own course and time.
If the FIR is quashed by supreme court then the FIR , charge sheet and proceedings subsequent to same shall be quashed.
On admission the SC can provide stay on the proceedings in trial court,
THat depends that SC grant stay on proceedings or not if stay is not granted then charge sheet can be filed.
If stay not granted then in that case charge sheet can be filed.
1. if the trial is going on you have to attend the trial.
2. If the no stay the trial court will after chargesheet frame charges and proceed for evidence.
Hello,
1) If you are asked to attend trial, you can seek exemption during the pendency of the Supreme Court Appeal which is until am order is passed by the SC.
2) Whatever is the reasoning by the High court for refusing to quash, you have tho challenge the order on law and facts.
You and your father can enter into a new settlement and same can be presented before the Supreme court and if court deems fit your father can personally remain present before the SC.
If there is no interim stay then proceedings in lower court will be proceeded like filing of chargesheet etc. You can also file discharge in lower court simultaneously.
the petition was filed for the quashing of the FIR, which got dismissed by the HC. an SLP must have been filed. now that is pending. even if the police file a charge sheet in this case then too, which they will, as there is no stay, the SC has the power to quash the FIR as the charge sheet is based upon the FIR and the SC in a recent judgment has stated that even if the charge sheet has been filed the FIR can be quashed.
regards
SC woul d not quash FIR
1. If the petition has simply been admitted i,e notices have been issued to the respondents but no stay on proceedings is granted then the investigating agency and trial court are at liberty to proceed with the investigation and inquiry respectively.
2. Investigating agency is free to file the chargesheet if SC has not ordered stay/
1. Even if the chargesheet gets filed during the pendency of the SLP in the Supreme Court it does not preclude the court from quashing the FIR.
2. However, if the chargesheet gets filed then Supreme Court will most likely refuse to quash the FIR and ask the accused to face the trial, unless the FIR itself flies in the face of statutory provisions.
I am not sure why you are posing this question when you would have engaged a lawyer to quash your chargesheet in SC. He/she has to update you the status.
Regards
G.Rajaganapathy
High Court of Madras
Hi,
If no stay from court, the case will go on. After quashing the case will stop.
Until there is a stay of the proceedings by supreme court, the trial court may proceed with the charge sheet, if filed by the police before the court.
Since the quash petition is dismissed by the high court, the information would have reached the trial court, hence you may watch out on this, however you may receive a summons from the trial court in this regard.
Generally if the case is taken by the higher courts, a notice would be served on the concerned police station, hence till a decision is arrived the concerned police station may remain silent on the progress of the FIR.
1. If there is no stay by the supreme court, you may be summoned on the basis of the charge sheet filed before the trial court to attend the trial.
2. You will be intimated by the trial court or the concerned police about the beginning of trial to attend the court
Whatever the reason may be, the quash petition has been dismissed, hence you dont have anything to do with it after its dismissal, so you may await the decision by the supreme court.
1. It is still not clear as to who has lodged the complaint based on which the FIR was registered by the police and what are the charges and on whom the charges have been levelled?
2. If there has been error in mentioning the place , time date etc., then the petition for quashing the FIR based on the said defective document will be rejected.