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Is high court wrong in not quashing cases whose charges are framed?
15-Nov-2023 (In Criminal Law)
Good evening, the charges of my case in the trial court were framed on the last date even when we informed the judge we wished to file an application for quashing, however she replied saying u can file the application for quashing and let the matter proceed in both courts.
However, we were informed by a lawyer that now that the charges are framed, the high court will refrain from accepting the application for quashing and would rather have the trial courts run the case than hear our merits to have the application quashed which have a high probability.
Were we given wrong advice by the trial court judge? and shouldn't the high court allow us to present our merits and if unsatisfactory then have us go for a trial rather than just forcing us to go for a trial when we have a high chance of quashing it.
Respected sir /madam
kindly provide the more details of you matter as to enable me to guide you on. right way you can share me all details on my WhatsApp number which is available on my profile so please check my profile and contact me on my WhatsApp . thanks.
kindly provide the more details of you matter as to enable me to guide you on. right way you can share me all details on my WhatsApp number which is available on my profile so please check my profile and contact me on my WhatsApp . thanks.
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Adv. Pathan Said Ahmed Khan
Ambajogai | 200+ Answers
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What is the case we need to see that first and thereafter even if you have the matter where charges are framed then also you have the remedy before the high court to file your matter for quashing and is it a quashing by consent or a matter of contest .. for assistance call me
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Adv. Zaid Anwar Qureshi
Mumbai | 25+ Answers
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Under the Section 482 of CRPC, FIR & Criminal Proceedings in a Criminal Case can either be quashed by High Court or Supreme Court. FIR & Criminal Proceedings can be quashed even after the filing of Chargesheet. Thus, the High Court ought to have heard your case on merits, rather than directing you to face the trial before the lower court. FIR & Criminal Proceedings can be quashed before the trial begins on the following grounds -
1. If the accused had been falsely implicated.
2. If the dispute between the parties in a Criminal Matter has its origin in a Civil display & just to get rid from the other party, other party without any substantive evidence had put the Criminal Case on the other party.
1. If the accused had been falsely implicated.
2. If the dispute between the parties in a Criminal Matter has its origin in a Civil display & just to get rid from the other party, other party without any substantive evidence had put the Criminal Case on the other party.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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