FIR Quashing Opposed crim. case of forgery identify theft (465,467,471

722 votes

MYSELF SUGGEST YOU TO HAVE A GOOD PERSONAL CONSULTATION WITH US SO THAT THE MATTERS WILL BE SORTED OUT IN YOUR MATTER WITH COMPLETE ASSISTANT BY US. FEEL FREE TO HAVE CONSULTATION. THANK YOU. ADVOCATE SUBODH INGOLE.

Advocate Subodh Ingole LawRato

587 votes

It is necessary that you share some more details so that I can assist you further in the matter. A thorough examination of the case at hand will enable me to guide you further and address your query which has been mentioned above.

Advocate Mikdad Zummerwala LawRato

763 votes

Firstly, a small brief regarding the sections imposed in the FIR & Chargesheet, and its present status, are to be known for better understanding of the case. 1. There can be several reasons, both factual and legal, for objecting the quashing petition filed by accused. 2. You may file an application u/s. 156(3) of CRPC seeking an order from the district court for monitoring the investigation of the police authorities. 3. You may point out the irregularities of police in the 156(3) application, and seek an order from the court to add additional penal sections and evidence in the chargesheet. in case you require any further legal assistance you may contact me directly.

Advocate Shreyas Jain LawRato

922 votes

To oppose the FIR quashing, we can argue that the presence of a Non-Bailable Warrant (NBW) and a filed chargesheet indicates sufficient prima facie evidence against the accused. Courts generally do not quash FIRs at this stage unless there is a clear abuse of process. We can present witness statements, forensic reports, call records, and other documentary evidence to establish the accused's involvement. Additionally, citing Supreme Court precedents, we can argue that quashing should only be considered in rarest of rare cases. To add the remaining accused, we can file an application under Section 173(8) CrPC, seeking further investigation and inclusion of their names. If the authorities are reluctant, we can approach the Magistrate under Section 156(3) CrPC to direct police action or file a writ petition in the High Court citing bias and incomplete investigation. To challenge the amendment of the chargesheet, if it dilutes charges or excludes crucial elements, we can file a protest petition before the Magistrate or seek intervention from the High Court under Section 482 CrPC. Judicial review can ensure that all relevant charges remain intact and no accused escapes liability.

Advocate Kiran Ashok Gangurde LawRato

770 votes

Well, Challenging the Chargesheet is like challenging the Investigation which Police did! If you are not satisfied with the filed Chargesheet or amended one, then, you can request the Judge for reinvestigation by filing an Application.

Advocate Pankaj Bajaj LawRato