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False case filed, quashing of FIR in the High Court, what to do?
22-Jun-2023 (In Criminal Law)
A false case of robbery of rs 600 and physical assault is filed against me after 4 days a Fir reported by against the the same person on charge of physical assault and attention to murder on me, Now can I appeal for quashing of false charge to the honourable high court. Need help
Referring to the same, yes you can File an Application under Section 482 Cr.Pc. before the Honourable Gauhati High Court for quashing of F.I.R. any time before the Chargesheet is filed and Charges are framed in the Trial Court. Whether the Application will be sustainable or not, can only be answered after I go through all the relevant documents.
However you are booked under Section 390 or Section 392 of the I.P.C., i.e. Robbery, the police must be contemplating your arrest by now and hence FIrst and Foremost I would advise you to move the District and Sessions Court for a Pre-Arrest Bail under Section 438 of the Cr.Pc.
However you are booked under Section 390 or Section 392 of the I.P.C., i.e. Robbery, the police must be contemplating your arrest by now and hence FIrst and Foremost I would advise you to move the District and Sessions Court for a Pre-Arrest Bail under Section 438 of the Cr.Pc.
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Adv. Sanjay Mitra
Guwahati | 25+ Answers
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Quashing away fir under sec 482 of crpc will be final ....u can consult a lawyer n file a petition. On the other hand u may wait the police to file a closure report which a magistrate can again reopen.
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Adv. Abdul Halim
Dibrugarh | 100+ Answers
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You can definitely move to High Court for quashing of FIR citing reasons for the same .The points overlooked by the lower court has to be highlighted to seek relief from the HC.
If the HC is satisfied you can get desired relief.
C
If the HC is satisfied you can get desired relief.
C
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Adv. GK Gupta
Guwahati | 100+ Answers
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