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Quashing process..............................
13-Jul-2026 (In Criminal Law)
Hello, me and my family have been falsely trapped in BNS 85 case. the chargesheet is filed, we are planning to go for quashing. I want to know if i can file quashing in other city or i have to file in mumbai only?
Quashing petition is generally filed before the High Court having territorial jurisdiction over the FIR/chargesheet and trial court. If the case is in Mumbai, ordinarily file before the Bombay High Court.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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If the FIR and charge sheet are in Mumbai (Maharashtra) → File a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which corresponds to the High Court's inherent powers, similar to the old Section 482 CrPC) before the Bombay High Court.
The fact that you or your family now live in another city or State does not change the High Court that has jurisdiction.
Since you mentioned:
a BNS Section 85 case,
the charge sheet has already been filed, and
you are alleging the case is false,
you can still seek quashing if there are legal grounds, such as:
the allegations do not disclose the commission of an offence even if accepted as true;
the complaint is manifestly false or malicious;
there is no prima facie evidence in the charge sheet; or
the prosecution amounts to an abuse of the process of law.
If the trial has already commenced, quashing is still possible in appropriate cases, although the High Court may apply stricter scrutiny.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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you need to file quashing in Mumbai only but after filing chargesheet courts are not inclined unless there is exceptional merit violation of fundamental rights or parties decide to settle dispute. you can visit our office for consultation
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Adv. Narayan Rokade
Mumbai | 25+ Answers
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Hii, I just wanted to know that whats the jurisdiction or else what is the police station because the jurisdiction will decide the planning to quash and court. I wanted to ask you question to give you proper and direct answer. let me know if there is any query. thankyou for approaching me.
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Adv. Tejal Mishra
VasaiVirar | 5+ Answers
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After filing of chargesheet you need first application before Magistrate for discharge if it rejected then you have to file Criminal Revision Application before District Judge in which District you are residing, if the revision is rejected by district court then you should file application against order of district court before High Court Bombay
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Adv. Aniket Bhosale
Pune | 5+ Answers
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