Advocate Shresth Nanda

Questions Answered by Advocate Shresth Nanda

Q: Quashing of cahrgesheet in High court

Can quash petition be filed in high court when trial court framed charges and next hearing is for fixing schedule for prosecution evidences. I have documentary evidence contradicting charge sheet of 498a.Will high court quash the charge sheet at this stage or simply close the case as let trial court decided. Need genuine suggestions

Advocate Shresth Nanda answered
High Court can quash criminal proceedings at the prosecution evidence stage where undisputed evidence completely dismantles the prosecution case without requiring a mini trial. The documents available with you which contradicts the charge sheet ought be on record, as the High Court shall not examine or look into the documents which do not form part of the record.

Q: Should I inform court or police that complainant impersonating court

Complainant file false private complaint and got summons order but he afraid to execute summons. He create fake email account to impersonate court and email me summons order which appear to have court stamp. I not yet appear in this case. Should I inform court or police that complainant impersonating court by he himself creating fake email to impersonate the court.

Advocate Shresth Nanda answered
If the person has created a fake email account to impersonate Court and has sent to summons, then you should approach Police Officials and file a complaint against such person. In addition you may also inform the Court of such act carried out by the Complainant.

Q: Petitioner signature in affidavit accompanying petition

In a petition in a civil property matter, somebody else signed instead of the petitioner in the affidavit accompanying the petition. It was done with the knowledge of their advocate. Though I am not sure, it is being said that the petitioner was not in India and he was in Canada on the date of signing the affidavit. How do I prove it? What action can be taken against him and his advocate? Can action be taken against the attesting advocate?

Advocate Shresth Nanda answered
If the petition was signed on behalf of the Petitioner by a duly authorised Power of Attorney Holder, in that case presence of Petitioner in Canada will not make any difference. However, if there is no power of attorney executed by Petitioner and petition is signed by someone else, in that case you may move an application before the concerned Court praying for dismissal of the Complaint. In addition you may also file an application under section 340 CrPC/ 379 BNSS for perjury i.e placing on record false evidence before the Court.