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Quashing of FIR and chargesheets
06-Oct-2023 (In Criminal Law)
I was falsely charged by ipc 353,504,and 506 in 2018 November by Pune police .I was in the jail for 8 days and then got a bail. Police stole 1 lacs cash from my bag when I was inside.After release I made complains to CP,human rights,RTIs,etc but no relief .Later police filed a chargesheet. I also made a private complaint with the magistrate but no relief so far. I have now decided to quash the FIR and chargesheet but few lawyers in Mumbai say HC may not quash my FIR because it's the police versus me and usually hc doesn't quash when police is involved .They may reject my quash request.One lawyer from Mumbai also said I am late I should have filed to quash right after the fir and before the chargesheet was ready .I don't want to apply for a discharge in the session court because it takes too long and competent lawyers are very very hard to find in Pune . I want to quash it once and for all and free myself from this stress . need a genuine advise.can I get it quashed?
Sorry to know about your situation. See, quashing of FIR and the chargesheet is possible only when the ingredients of offence is not made out or when you have ample evidences to prima facie give inference of falsity in the allegations nad the recorded statements. You got to trade meticulously, show the charge sheet and will give u exact and proper opinion.
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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You can file a quashing application for quashing of chargsheet as well. Kindly share the copy of FIR and chargsheet. After filing of the quashing application you can also stay the ongoing trial. Kindly book a consultation call for detailed advice.
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there might have some chances but we can't say 100% because as per your query you states right that HC can't quash FIR if party is govt if there is any private party then there are very gud chance for quashing but if you want to take chance then you can approach
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Adv. Manindra Pandey
Mumbai | 100+ Answers
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