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Can I appeal for quashing the case/FIR under CrPc 197
23-Jul-2023 (In Criminal Law)
I was arrested while discharging official duty as X-ray Technologists from a State government Westbengal run hospital without taking permission from Government authorities in written under section 197 crpc. And lodged FIR under section 354 IPC. by police after a patient party lodged complaints to police. Can I appeal for quashing the FIR under section as police hadn't take permission from Government under section 197 crpc. I am a Government Servant of Westbengal Government. Please, help.
dear client as per your query you can apply for quashing of the fir in High Court also say in details has the chargesheet been filed by the police what is your jurisdiction place you can consult me online...
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Adv. Priyanka Singh
Kolkata | 500+ Answers
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I'm sorry to say but simply because you are a govt servant and were arrested in a case while discharging your duty will not protect you under section 197 for two reasons. first this section is only applicable for those whose removal needs sanction of government and second the offence of 354 is nowhere related to discharge of your official function. however this is not to mean that you cannot opt to go for quashing in case you have otherwise material to get the same quashed. it is therefore advised that you may meet a high court advocate and get your case assessed and he or she would guide you about the prospect of getting the same quashed.
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B (Delhi),
Advocate,
High Court, Calcutta.
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B (Delhi),
Advocate,
High Court, Calcutta.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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There are cane more grounds on which quashing of FIR can be filed and you can be free from the unnecessary case as pending now. Do share the content of the FIR, I can guide and advised you better then.
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Adv. Monima Khan
Kolkata | 100+ Answers
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No previous sanction is required in case of offence u/S 354. you can be arrested by the police even if they have not taken any permission. yes in regards to quashing of FIR there needs to be some other grounds for quashing fir
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Adv. Soham Sur
Kolkata | 200+ Answers
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The nature of problem being stated by you as above can't b answered so long I don't go through the documents related to your case. In the above scenario and for a better advise and solution u may contact my junior at the given numbers of mind to contact snd obtain either prepaid telephonic or facd to facd consultation slot after paying my relevant ..
But let me tell you one thing that may b for now escape from making payment of my fees but in the long run your expenses may hit above your expectation. it's your choice now as to what you should do.
But let me tell you one thing that may b for now escape from making payment of my fees but in the long run your expenses may hit above your expectation. it's your choice now as to what you should do.
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Adv. Shamba Dutta
Kolkata | 25+ Answers
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