• 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 3 months ago in Criminal Law from Delhi, Delhi
Religion: Hindu
accused can move HC for quashing of the complaint filed 
Ajay Sethi
Advocate, Mumbai
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it makes no sense in filing appeal before SC 

2) quashing is to be done only in exceptional circumstances 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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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.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
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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. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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