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Quashing of criminal proceeding 397 or 482
25-Sep-2023 (In Criminal Law)
Greetings !
I am facing trial under section 347 and 387 due to a false complaint regd in Aug 2015. Before filing of complaint against me, I had initiated civil and criminal action against the said complainant. So this counter complaint is in revenge. As per complaint there is absolutely no allegation of physical delivery of any valuable security or property and hence the offence u/s above is not made out.
Charge sheet was laid in Jan 2016 and Charges have been framed on 6.10.2017 but the evidence is yet to commence. What remedy do I have now at my disposal for termination of the proceeding without a full blown trial.
i) 397 Revision before Sessions Court with delay condonation
ii) 397 Revision before HC
iii) 482 quashing of FIR and Chargesheet by HC
iv) Art 227 r/w 482 CrPC before HC for quashing of charges framed by CJM Court
v) Any other..?
Will delay condonation still be applicable for 482?
Thanks and Regards,
either of the remedy you are asking is not applicable in your case . considering the stage you have attended by your case. after framing charges you cannot avail any remedy available with you.
therefore only remedy available to go ahead with the trail.
therefore only remedy available to go ahead with the trail.
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Adv. Akshay R Kapadia
Mumbai | 100+ Answers
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You have all the following remedies available at your disposal for termination of Criminal Proceedings against you - (So, you can choose from the following either one of the remedy which suits your case & is appropriate for it)
(i) & (ii) Under Sec 397 of CRPC for Revision, you can either approach High Court or Sessions Court & if the application for Revision under Sec 397 of CRPC is made before the Sessions Court first, then a further application is made by the same person before the High Court and the vice-versa, then it is not permissible.
As far as Revision is concerned, it is the calling of the Records from a Lower Court of your case either by the Sessions or High Court under Sec 397 of CRPC to scrutinise the legality, correctness & regularity of the order/proceedings before the lower court.
(iii) As per several SC Judgements, You can get your FIR quashed even after filing of your Chargesheet under Sec 482 of CRPC. As you have already stated, Stage of Evidence has not yet begun, so time has not elapsed,so where the question of Delay-Condonation comes up! still you can go to High Court for quashing of FIR and Chargesheet as High Court has inherent powers under Sec 482 of CRPC to quash a FIR and Chargesheet in Compoundable & Non-Compoundable Offences, both.
(iv) Despite your Discharge Application under Sec 227 of CRPC to discharge you from a Criminal Case or to discharge Criminal Proceedings against you is pending before a lower court, you can approach High Court under Sec 482 of CRPC to quash criminal proceedings against you before the full blown trial starts i.e even after the filing of Chargesheet but before the beginning of the Evidence Stage.
(i) & (ii) Under Sec 397 of CRPC for Revision, you can either approach High Court or Sessions Court & if the application for Revision under Sec 397 of CRPC is made before the Sessions Court first, then a further application is made by the same person before the High Court and the vice-versa, then it is not permissible.
As far as Revision is concerned, it is the calling of the Records from a Lower Court of your case either by the Sessions or High Court under Sec 397 of CRPC to scrutinise the legality, correctness & regularity of the order/proceedings before the lower court.
(iii) As per several SC Judgements, You can get your FIR quashed even after filing of your Chargesheet under Sec 482 of CRPC. As you have already stated, Stage of Evidence has not yet begun, so time has not elapsed,so where the question of Delay-Condonation comes up! still you can go to High Court for quashing of FIR and Chargesheet as High Court has inherent powers under Sec 482 of CRPC to quash a FIR and Chargesheet in Compoundable & Non-Compoundable Offences, both.
(iv) Despite your Discharge Application under Sec 227 of CRPC to discharge you from a Criminal Case or to discharge Criminal Proceedings against you is pending before a lower court, you can approach High Court under Sec 482 of CRPC to quash criminal proceedings against you before the full blown trial starts i.e even after the filing of Chargesheet but before the beginning of the Evidence Stage.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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