accused can move HC for quashing of the complaint filed
Apeal in High Court before commencement of trial
I want to know..In case of personal complaint where FIR has been order by Judicial Magistrate and Police has also filed chargesheet on the accessed with 5 witnesses. Can accused approach High Court of quashing of the case. In case if it is yes....then what is the remedy for it ..
Asked 9 years ago in Criminal Law
Religion: Hindu
9 Answers
Is it possible to appeal in SC, against HC issuing of show cause notice in same regard.
Asked 9 years ago
it makes no sense in filing appeal before SC
2) quashing is to be done only in exceptional circumstances
Hi, If the accused filed a petition in the High Court then High Court will provide an opportunity to the complainant to defend his case.Without providing an opportunity to the Complaint, High Court will not quash the FIR/Charge Sheet.
2. If the High Court quash the FIR/Charge sheet then you can file SLP before the Supreme Court.
1. The order of the JM to file the FIR can be assailed in the HC. Similarly the framing of the charges can also be challenged in the court which can quash it.
2. The order of the HC can also be assailed in the SC but if it is an interim order the SC will most likely throw it out in limine as it would be premature.
The accused has all the rights to approach high court to file petition seeking quash of the charge sheet against him. The defacto complainant will get notice to file its counter or objections to the quash petition.
Even if notice is not received the defacto complainant after knowing the date of hearing may appear before the high court on that date and file an intervene petition and express its objection to the quash petition.
Is it possible to appeal in SC, against HC issuing of show cause notice in same regard.
No. There is no provision in law for this.
Generally in this case how much time is given for filing objection, if notice is delivered at wrong address then who is answerable. Personal representation is required or not...???
Asked 9 years ago
Yiu can file yiur reply within period mentioned by court in its order
2) if notice given st wrong address and any orders are passed you can move court to set aside order
3) you can appoint a lawyer to appear on your behalf
The objections are to be filed in the next hearing itself.
If wrong address is given, then it is the responsibility of the petitioner.
Can be represented in person too.
It is up to the HC to decide when the notice is to be made returnable. There is nothing such as ''general time'. Engage a lawyer as personal presence is not required.