628+ Lawyers are online 
Can police file chargesheet,when accused has moved hc for quashing
29-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
No there is no illegality. The police can file their chargesheet because there is no order to the contrary. you can of course in the quashing proceedings contend that the contents of the chargesheet are wrong, etc. and hopefully the high court will consider your contentions. but the police is well within their rights to file the chargesheet.
Helpful?
20+
20+
Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
Chat
sir/Mam,
the matter is still pending adjudication in the high court, the police could file the charge sheet and it would not be illegality by the police.
it is pertinent to mention here that, it won't cause any difficulty to you.
the matter is still pending adjudication in the high court, the police could file the charge sheet and it would not be illegality by the police.
it is pertinent to mention here that, it won't cause any difficulty to you.
Helpful?
21+
21+
Adv. Alok Kumar Tripathi
Delhi | 100+ Answers
CONTACT NOW
hello tanisk
as you are saying tht you have filled a quashing petition in high court and while the petition us going on in process in high court the police appeared and filled the status report tht the chargesheet has been filled in the court due to which the matter got adjourned. in this condition there is a judgement in which this practice is been declered wrong . so things can still get solved.
as you are saying tht you have filled a quashing petition in high court and while the petition us going on in process in high court the police appeared and filled the status report tht the chargesheet has been filled in the court due to which the matter got adjourned. in this condition there is a judgement in which this practice is been declered wrong . so things can still get solved.
Helpful?
11+
11+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
