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Necessity of FIR & Chargesheet quashing prayers in 482 application


31-Jan-2024 (In Criminal Law)
I want to go for FIR and Chargesheet quashing both in my 482 application pending before the Allahabad High Court after a stay of the same as the complaint belongs to repealed Section 66A of the Information Technology Act, 2000. However, these prayers were not specifically mentioned in my revision petition under 482 as it was dismissed by lower Courts. Can I pray the same in my final arguments or I should amend/add my prayer by an application in this regard separately in the High Court?
Answers (1)

Answer #1
794 votes
Under 482 CrPC, Hon'ble Allahabad High Court has inherent power to quash the FIR and Chargesheet and all incidental proceedings if any. It is highly recommended that you amend and add your prayer via an application. Pleadings play an important role in Criminal Jurisprudence. During the Final Arguments, you may highlight this and also share relevant case laws to convince the Hon'ble Court.
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