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How to quash a criminal case where no charge-sheet has been filed
02-Mar-2023 (In Criminal Law)
One of my friend caught in five star hotel with cal gal.and putted behind the bars and after few days gal was staying from 1 week in tat hotel.he got the bail it was happened in the month of feb first week 2017.in hyd till know no chargesheet was filled. can he go for quash or he need to wait what is best solution for it pls advice
you have to wait for 60 days from the date of offence. the police should file charge sheet with in 60 days. since the offence took place in the month of February, 2017 you should wait. if the police fails to file charge sheet within the prescribed period your friend can go to High Court for remedy of quash or to got issue directions to the police for file charge sheet.
Helpful?
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Adv. Kadagala Rambabu Naidu
Srikakulam | 200+ Answers
Chat
Hi
In all likelihood police must be waiting to prove that the call girl has been sexually exploited and will be attempting to slap 370-A of IPC against your friend.
So it is better to go for a quash petition in high court.
The primary law dealing with the status of sex workers is the 1956 law referred to as The Immoral Traffic (Suppression) Act (SITA).
According to this law, prostitutes can practise their trade privately but cannot legally solicit customers in public. The Indian law does not refer to the practice of selling one's own sexual service as "prostitution".
Clients can ONLY be punished for sexual activity in proximity to a public place.
Organised prostitution (brothels, prostitution rings, pimping, etc.) is illegal.
As long as it is done individually and voluntarily, a woman can use her body in exchange for material benefit. In particular, the law forbids a sex worker to carry on her profession within 200 yards of a public place.
In all likelihood police must be waiting to prove that the call girl has been sexually exploited and will be attempting to slap 370-A of IPC against your friend.
So it is better to go for a quash petition in high court.
The primary law dealing with the status of sex workers is the 1956 law referred to as The Immoral Traffic (Suppression) Act (SITA).
According to this law, prostitutes can practise their trade privately but cannot legally solicit customers in public. The Indian law does not refer to the practice of selling one's own sexual service as "prostitution".
Clients can ONLY be punished for sexual activity in proximity to a public place.
Organised prostitution (brothels, prostitution rings, pimping, etc.) is illegal.
As long as it is done individually and voluntarily, a woman can use her body in exchange for material benefit. In particular, the law forbids a sex worker to carry on her profession within 200 yards of a public place.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
whether the police registerd the case based on police procedings or report is not mentioned in your query so do confirm it along with section of law. in case if no charge sheet has been filed the case will be proceded basing on for there will be less chances for quashing . after filing charge sheet u consult advocate to take openion can prefer for quashing.
Helpful?
49+
49+
Adv. Daggubati Raghavaiahchowdary
Chirala | 25+ Answers
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