Legal Question in Criminal Law in India
when the complaint was filed after the expiry date of noice i. after 6 months time can i initiate with quash petition as the trial is getting started during next hearing
Asked on 10/30/10, 9:35 am
2 Answers from Attorneys
Vishwa Arya
Arya & Co.
Mere fact that the complaint was filed six months after the notice, the complaint cannot be quashed on this ground alone, unless, limitation had expired. But that would depend upon the offence whether or not the continued one.
Answered on 10/30/10, 9:50 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Before considering steps for quashing of complaint, you should first check up if the complaint was filed within the limitation period prescribed for the offence.
Answered on 10/31/10, 7:54 am
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