Legal Question in Criminal Law in India

can we go for quashing of charge when court had returned the file to police after failing to submit supplimentry charge sheet for role of accused is not clear in origional chargesheet to court on due date, more than three times- in case of IPC-304A.while there is no name in FIR.


Asked on 8/28/09, 2:15 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, in that situation, you may first file an application before the magistrate for discharging the accused and in case the magistrate declines, you may file a petition in the high court.

Read more
Answered on 8/28/09, 2:31 am
Parmanand Sharma Sharma

If the role of accused is not clear in challan it is not a case for quashing of charge as the charge has not fixed till now. The challange can be make only after fixing of charge.

Read more
Answered on 8/28/09, 10:43 am
Shrichand Nahar S.V.Nahar, Advocate

Consider making an application for discharge.

Read more
Answered on 8/29/09, 1:50 am


Related Questions & Answers

More Criminal Law questions and answers in India