Legal Question in Criminal Law in India
Police has registerd an false fir under section 420 against me in august 2010.
i got bail in ocotber 2010. from high court, after two days of my bail date i have filed quash pettion against the same fir in the high court under section 482 cr pc.
as well as mp-1 petion for stay to stop further proceding and investigation in the same case filed (that is fir) by the police.
till date police has not replied or responded to the high court for the same pettion,in return police also asked and requested to add defacto complaintent as pespondend no-2 to reply for the same petion in the high court .
in the mean time court has asked us to file impleading petion to include the defacto compalinent as respondent no:2 through mp-2 pettion filed by us. in reply that the r-2 has came up with appointing a lawer for them, after that till now no responce or reply from the both r-1 and r-2. to the high court.
also i checked in the high court record recently,in enquriy counter for case staus i have got print out of it , that the case is still pending in the court , also it shows notice of motion on december 2010. happend in high court. but after that till now that the case has not taken in high court even for hearing from the december 2010. to till date (august 2011).
my question is what does it mean by notice of motion?
(is it a notice for complainent or respondent in high court terms in this case).
in the mean time now the police have filed charge sheet (it took 195 days to file the charge sheet by the police from the date of fir) against me in criminal court by adding one more section 406 and 420.ipc. in judisial majistrate court that is lower court in my city. please note that, the same is also not yet come for trial in the court.till date (august 2011).
now at this stage please give me a proper guidence to what i have to do sir/madam?
please give me the proper guidence to proceed further in my (this) case.
also my question is if in my case quash pettion is pending in higcourt for the same particular fir registerd by the police, still that the police can file charge sheet against me in the judisial majistrate court, (by ignoring the higher court pettions still pending in the high court ) that is lower court in my city or what?
now please tell me sir/madam that i can also file pettion against the police for ignoring or not answering the high court pettions for this case?
or
also is it nessary that again i have to file pettion to quash the charge shhet or stay pettion in the same high court separately or what for the same matter?
one important:
in case if the prime facia of the same case is not confirmed in the (after thorughly gone through the charge sheet ) trial court. at this stage please guide me what i have todo sir.
awaiting for your legal helps sir /madam.
4 Answers from Attorneys
Why don't you ask stay of proceedings before the court below
in the High Court??.
Coz now police has file the challan hence may be high court will not interefere the matter and your case my be dismiss, but without going through the whole case, nobody can guide you properly, so better to contact your High Court lawyer and told him the fact of challan and discuss with him else you can avail our paid consultation at [email protected] and send your complete details and copy of challan and the proof of your innocence and your location.
Good luck
yes the above issues have to be seen thoroughly ...
notice of motion is notice given to the respondents in advance that u are filing the case that again is administartive requirement
so at present what i suggest is to consult a lawyer in person with all details and case files...
a gud lawyer will assist in every sphere be it administrative or legal .....
approach a local lawyer
If no case is made out, you may apply and have petition for quashing of FIR as petition for quashing of charge sheet.
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