• FIR u/s 506/2,504,323,34 of IPC can be quashed in High Court?

One of person File FIR against me u/s 506/2,504,323,34 of ipc, all offence are bailable and n.c.
1.Police have power to file FIR??
2. Can i quashing ?
3. This FIR register in nagpur Maharastra , There is no Notification of maharstra govt on section 506/2 as non bailable or cognizable offence. under CRPC.
On what ground i take relief can any one suggest me.
Asked 6 months ago in Criminal Law from Nagpur, Maharashtra
Religion: Hindu
1) police can FIR under section 504, 506 , 323 , 324 against you 

2) quashing can be applied for in HC under section 482 of Cr Pc only in exceptional circumstances 

3) inherent powers u/s 482 of Cr.P.C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case

4) if allegations made in complaint do not disclose commission of any offence you can file for quashing 

3) 
Ajay Sethi
Advocate, Mumbai
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The reason for this complaint on file has not been mentioned by you. 
The question is not about filing a quash petition under section 482 cr.p.c. but it is about the high court entertaining it.  
You can put forth your valid and meritful arguments before the court while seeking to quash the FIR, let the court decide, if the case is not strong enough why dont you try to file a discharge petition before the trial court itself or challenge the charges?
You may discuss with your advocate in depth about it.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. No. Police can not proceed without the permission of court.
2. Yes, it is a fit case of quashing.
3. Challenge the case in quashing in Nagpur Bench of Bombay High Court.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
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Since in Maharashtra the section 506 cr.p.c. is bailable, in my opinion your quash petition may not be entertained by high court because it is not entertaining such applications as a routine, instead as suggested you may file a discharge petition under section 239 cr.p.c. before the trail court itself before reading out the charge sheet to you. If it is required you can challenge the case during trial and get acquitted on the basis of strong evidences and merits in your favor.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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 In Maharashtra, in general, the offence under Section 506 IPC continues to be bailable and non-cognizable. However,  in view of a Government of Maharashtra Notification, which was issued in the year 1962 in exercise of the powers conferred by section 10 of the Criminal Law Amendment Act, 1932, the offence of criminal intimidation punishable under section 506 of IPC where the threat is to cause death or grievous hurt or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life or with imprisonment for a term which may extend to seven years or to impute unchastity to a woman, when committed in Greater Bombay shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898) (V of 1898), be cognizable and non-bailable. 


thus, in so far as Greater Bombay area of Maharashtra is concerned offence under Section 506 IPC appears to be cognizable and non-bailable if the threat related to the aforesaid purposes. However, for the remaining parts of Maharashtra, offence under Section 506 IPC appears to be bailable and non-cognizable.
Ajay Sethi
Advocate, Mumbai
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In a non-cognizable offence, the police does not have the power to register FIR and conduct investigation without the permission of the magistrate. You have  to approach the magistrate under Section 156(3) of Criminal Procedure Code, which gives power to magistrate to direct investigation in an offence. So, complainant  can approach the magistrate under Section 156(3) Cr.P.C. seeking directions to police to conduct investigation.
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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Government of Maharashtra Notification, Home Department (Special) No. S.B. I/CIA/1060/26963, dated the 4th October, 1962 as amended by Notification, Home Department (Special) No. S.B. I/CIA/1061/27115 dated the 10th August, 1962.

No. S.B. I/CIA/1960/26963. In exercise of the powers conferred by section 10 of the Criminal Law Amendment Act, 1932 ( XXIII of 1932) and in supersession of Government Notification, Home Department (Political) No. S.B. 7753, dated the 27th December, 1932, the Government of Maharashtra hereby declares that the offence of criminal intimidation punishable under section 506 of the Indian Penal Code (XLV of 1860) where the threat is to cause death or grievous hurt or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life or with imprisonment for a term which may extend to seven years or to impute unchastity to a woman, when committed in Greater Bombay shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898) (V of 1898), be cognisable and non-bailable.

By order and in the name of the Governor of Maharashtra.

J.R. Gabral Deputy Secretary to the government Maharashtra, Home Department.
Ajay Sethi
Advocate, Mumbai
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Of course police can file the FIR if the case is made out. FIR quashing operates in a very narrow sphere of law. If you have sufficient material to prove that the basic ingredients of the offence complained of are not met then you may apply for quashing. At first apply for and obtain anticipatory bail.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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Since police has only registered it as NC you have file complaint before magistrate under section 156(3) to direct police to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
The evidence in your possession will be able to get you acquitted from the case against you during trial because this is clear indication of foisting false case hence you may challenge the same during trial.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
If there is police inaction then move to magistrate u/s 156(3) CrPC for necessary directions to police.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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