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FIR and its implications such as Charge Sheet and Quashing
21-May-2023 (In Criminal Law)
Good morning. I am among 18 army officers against who FIR is registered following altercation with police. Now we know that a false allegation is made by the police and chargesheet is yet not filed by them even after 2 yrs.( however a counter FIR is made by us also).what happen if they dont file a chargsheet for 5 yrs or so? how compromises is made? how much time does it take to clear the name in FIR record? 18 of us will never be available for hearing together because of servive commitments. Can FIR be quashed if no evidence is found ? Can I apply for passport ? Thank you.
1. Police must have to file chargesheet within 90 days. if they failed to do so, then we can file discharge application in concern court for discharging us from the alleged crime.
2.If original complainant are agree & ready to settle the matter, then only matter will be compromised.
3.The name of the person which is mentioned in the FIR never clear from the record, until & unless the persons acquitted from the allege offence/crime or until the matter be settled.
4.Not all of u 18 must be remain present at the court on each & every date But we can file permanent exemption application regarding unable to attend court date due to service difficulties or any other reason.
5.FIR will be quashed only by filing writ petition in HIgh court. It can also possible.
6.U can apply for passport but have to disclose the fact that the case is pending. We have to file application for court permission regarding passport Then after hearing Court can give us permission to get the passport.
2.If original complainant are agree & ready to settle the matter, then only matter will be compromised.
3.The name of the person which is mentioned in the FIR never clear from the record, until & unless the persons acquitted from the allege offence/crime or until the matter be settled.
4.Not all of u 18 must be remain present at the court on each & every date But we can file permanent exemption application regarding unable to attend court date due to service difficulties or any other reason.
5.FIR will be quashed only by filing writ petition in HIgh court. It can also possible.
6.U can apply for passport but have to disclose the fact that the case is pending. We have to file application for court permission regarding passport Then after hearing Court can give us permission to get the passport.
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Adv. Anis Momin
Pune | 200+ Answers
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Hi. What is the stage of FIR filed by you? If they don't file chargesheet in 5 years you can apply for quashing of the FIR on merits. There are recent SC judgements that say if chargesheet has not been filed for a long duration of time (5 years), the FIR can be quashed. Compromises can be made between the Accused and the First Informant (i.e. the person who lodges the FIR) and depending on the offence in question, one can approach the HC or Magistrate court for compounding or quashing the same. Regarding your passport, you are free to apply, however there will be a question on whether any case is pending against you to which you will have to reply in the affirmative.
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Adv. Lakshmi Raman
Mumbai | 25+ Answers
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You have to invoke writ jurisdiction of high court for wuashing the fir against you but you have to have grounds for it
That years have elapsed after filing Fir is good ground .but without detail it will be difficult to comment.
That years have elapsed after filing Fir is good ground .but without detail it will be difficult to comment.
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Adv. Amresh Sharma
Mumbai | 100+ Answers
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