Legal Question in Criminal Law in India

Re: Re - quashing a false criminal case

Sir, what is the case about ? If it is case which requires appreciation of facts, do not even think of going to the High Court for quashing. Supreme Court, out of question. You have not stated the offence. Kindly give the charge under which the case has been filed.

If the case is a summons case, you should approach the Sessions Court for recall of process.

If it is a warrants case, file a discharge application under Section 245(2) Code of Criminal Procedure, 1973.

I hope with the limited information given, this has proved useful. The best person to advise you would be your Advocate.

Re: Re - quashing a false criminal case

let it be drafted by your lawyer under section 482 CrPC before honble high court.

if you have enough proofs then your case will be SQUASHED in a very short period.

Re: Re - quashing a false criminal case

You can not approach the Supreme Court directly. You can approach the High Court under the provisions of section 482 Cr.P.C. or invoke Writ Jurisdiction of the High Court. However, most of the High Courts are of the view that for quashing one should not approach even the High Court directly before exploring other available options. The Petition for Quashing can be filed by your lawyer on your behalf.

Re: Re - quashing a false criminal case

you can file a petition u/s 482 cr.p.c. in High court for quashing of complaint.