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Can Police file chargesheet knowing that accused has moved FIR quashin
30-Apr-2023 (In Criminal Law)
Matter relates to 498a FIR. The matter has been settled in mediation. Police was informed of the settlement well in time. Accused file Writ Petition in High court to quash FIR. Police appeared before High court and submitted status report. The high court adjourned the matter to next date (Reasons not known). In the mean time, police filed charge sheet in the matter. Is his act of filing chargesheet not illegal/ against the law knowing that the Writ is pending disposal by high court and shall be quashed on the next date ? Pls advice
there is no illegality on the part of the police in filing the chargesheet. you can of course take this cotention in your quashing proceedings that the act of filing the chargesheet when mediation has already concluded was bad on the part of the police. the court might consider it.
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Adv. Kawaljit Singh Bhatia
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Adv. Anupam Kumar Mishra
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No, it is not illegal. The police is supposed to carry on and finish investigation as per crpc until the fir is quashed. You'll only need to apprise the court that CS has been subsequently filed.
It'll be quashed irrespective of the chargesheet being filed. Now your final order will say FIR, CS and all pending proceedings arising therefrom are quashed even though you may have initially only filed for quashing of FIR
It'll be quashed irrespective of the chargesheet being filed. Now your final order will say FIR, CS and all pending proceedings arising therefrom are quashed even though you may have initially only filed for quashing of FIR
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Adv. Jaitegan Singh Khurana
Delhi | 100+ Answers
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