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How to quash case when having proof of not committing crime?


07-Sep-2023 (In Criminal Law)
I am a government employee. Someone falsely file a case against me under section 379/34.The time mentioned in chargesheet is around 5 to 6 PM.That day I was present on my duty between 8 to 4:30pm and I can't reached the said place between 5 to 6 as it will take around min 2hrs to reached there and I have a proof.Should I go for queshing or I have to take ABP.How much time it will take in Queshing..
Answers (3)

Answer #1
874 votes
if you are sure that your case can be proved,then you are advised to move before hight court for quashing.
so far the question of anticipatory bail is concerned,it will be better to get protection from unnecessary harassment of police. hence yes!you should also go for anticipatory.
Answer #2
539 votes
Plea of alibi (i.e. absence from the place of occurrence) alone cannot be a ground for quashing. If other grounds for quashing are available, then you should definitely move for the same.

In my opinion you should also move for ABP simultaneously.
Answer #3
809 votes
if you were not present on place of occurrence and it has been alleged that you have committed the crime. your defence is that at the time of occurrence you were on duty. this plea is called as alibi and you have to prove this point. if you have documentary evidence that you were on duty then case will be quashed by Hon'ble High Court under Section 482 of Code of Criminal Procedure.

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