Legal Question in Criminal Law in India
Police has registerd an falsle fir under section 420 against me in 10.08.2010. i got bail in 14.10.2010. from high court, after two days i have filed quash pettion against the fir in the high court under section 482.as well as MP-1 petion for stay. till date police has not replied or respondet to the high court pettion, in the mean time court has asked us to file impleading petion to include the defacto compalinent as respondent no:2 through as MP-2 pettion by us. in reply that the R-2 has come up with appointing a lawer for them,after that till now no responce or reply from the both the R-1 And R-2. so that i checked in the high court record shows in enquriy,notice of motion on december 14th 2010. happend in high court. but after that till now that the case has not taken in high court for hearing from the december 2010. to till date. my question is what does it mean by notice of motion?.
in the mean time now the police have filed charge sheet against me in criminal court by adding one more section 406 and 420.ipc. in District Court (judisial majistrate), India under section 420/406. on behalf of the Client register FIR Against me for fraud of money,now at this stage what i have to do please please give me the proper guidence to proceed. my lawer is not responding to my quries proplery since he is very busy in his some of other cases and activites. i also have mind set to change the case to the diffrent council for my needs.
also my question is if in my case quash pettion is pending in higcourt for the particular FIR registerd by the police,still that the police can file charge sheet against me in the criminal court under or what?
also still can i file pettion to quash the charge shhet or stay pettion also in high court or what?
2 Answers from Attorneys
In case, the charge sheet is not making out a prima facie case, you can convert your petition for quashing to FIR to quashing of case.
In case, a prima facie case is made out, then consider withdrawing the petition with all the liberties available / possible.
Consult your lawyer in the high court for detailed guidance / advice.
sir, in my opinion you rushed for quashing while the investigations were still pending. The police has the power to file charge sheet before the concerned magistrate and they are also within their powers to add another offence if that has been found during investigation. you will have to amend your petition for quashing making out your grounds for quashing of offence under 406. Your best bet would be to withdraw the present petition and file another comprehensive petition taking all the grounds and considering all the statements annexed with charge sheet under 173cr p c.
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