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In 498a If There Are 5 Names Should I Go For Removal Of Names In Hoghc


17-Jan-2026 (In Criminal Law)
In 498a If There Are 5 Names Should I Go For Removal Of Names In High court or fast trial in district court
Answers (4)

Answer #1
991 votes
In a BNS Section 85 (earlier 498A) case, if 5 persons are named with vague/omnibus allegations, the proper remedy is to approach the High Court under Section 528 BNSS (inherent powers) for quashing or deletion of names to prevent abuse of process. A fast trial in District Court is relevant only when prima facie specific allegations and evidence exist. For distant relatives with general allegations, HC relief is preferable over trial.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRato Pune | 700+ Answers
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Answer #2
952 votes
Practicing Lawyer here. It really depends on the FIR and Chargesheet whether you should approach High Court for quashing or to ask for expeditious disposal. I would suggest you to share the documents with me. I can peruse them and accordingly advice you.
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Advocate Tanay Mandot

Adv. Tanay Mandot

LawRatoMumbai | 5+ Answers
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Answer #3
971 votes
Go for quashing if: ✅ The FIR contains general and vague allegations ✅ No specific role is attributed to some accused ✅ Accused are married sisters, distant relatives, elderly parents ✅ Accused were living separately ✅ No recovery / no medical / no independent evidence against them
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRatoMumbai | 200+ Answers
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Answer #4
942 votes
In a 498A case, if multiple relatives are falsely implicated and there are no specific allegations or evidence against them, the proper remedy is to approach the High Court under Section 482 CrPC for quashing of FIR or proceedings to remove unnecessary names. District Court cannot delete names at FIR stage. Fast trial is relevant only when the case is to be decided on merits. If allegations are vague and omnibus, quashing is advisable. However, if charge is framed, you may seek discharge before the trial court. Early legal action helps avoid long trial.
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Advocate Vinod Todiwan

Adv. Vinod Todiwan

LawRatoNavi Mumbai | 5+ Answers
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