Shall i file objection in JMFC or approach to high court to quashf.ir.

Question

Shall i file objection in JMFC or approach to high court to quashf.ir.

03-Oct-2024 (In Criminal Law)

Shall i file objection in JMFC or approach to high court to quash police final report in 498a F.I.R ? In 498a, 406 F.I.R last alleged incident of date 01.08.2020 after 2 year on 20.02.2022 F.I.R gets registered in different state till now police final report is not yet submitted , i IO told me he is going to submit charge sheet in few days. The day IO submit final report in MM court , shall i reach court and submit objection u/s 468(2)(c), now court is bared to take cognizance due to limitation

Answers (5)

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Adv. Gourav Sharma Adv. Gourav Sharma

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Advocate Akhilesh Kamle LawRato · Accepted Answer · 2024-10-03T18:53:49+05:30

Answer #2

you should take an objection at the timing of the framing of the charge that will help you . let the IO submit the final report and matter will be listed for supply of copy of charge sheet and thereafter for framing of charge that time should argue for limitations, ingredients of charge etc.

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Advocate Puneet Srivastava LawRato · Accepted Answer · 2024-10-03T19:54:09+05:30

Answer #3

Respected sir, it is important to understand here that without the court notice being served upon you, you would have no locus standi in the court before Ld. JMFC. The best you can do is let the Hon'ble Court take cognisance, which would open the door for you to challenge the cognisance order in Revision. You may consult me for more information.

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Advocate Qausar Khan LawRato · Accepted Answer · 2024-10-03T22:02:17+05:30

Answer #4

To address your query: Since the charge sheet is yet to be filed, you may raise objections in the Judicial Magistrate First Class (JMFC) court once the police submit their final report. Under Section 468(2)(c) of the CrPC, the limitation period for cognizance is three years for offenses punishable by up to three years. If the final report is filed beyond this period, the court may be barred from taking cognizance due to the limitation period, and you can argue for dismissal on this ground. However, if there is a procedural or factual lapse in the police investigation, you can file a petition to quash the FIR under Section 482 of the CrPC at the High Court. The success of such petitions depends on proving the FIR's malicious intent or illegality.

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Advocate Alankrit Bhatnagar LawRato · Accepted Answer · 2024-10-21T11:29:04+05:30

Answer #5

We can directly invoke the provision of section 528 of Bnss for seeking the quashing of FIR and any proceedings emanating therefrom citing the relevant grounds of you to be falsely implicated and the derailment of the case due to non filing of chargesheet

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Adv. Alankrit Bhatnagar Adv. Alankrit Bhatnagar

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