Legal Question in Criminal Law in India

Quashing of FIR 306 IPC ?
I have been implecated in a false case U/s 306 IPC read with section 34. The Incident was happened in 2008 July and FIR was registered in the Month of August after one month from the incident happened. We are 4 persons as accused in this case. Police presented a piece of diary paper as suicide note in which written of the names of two accused persons "who offended/ harrassed me". There was nothing exept this one line written in the piece of diary paper. The names of Third & Fourth accused persons are not mentioned in the suicide note. Accused No.1 was arrested in December 2009 and left three accused persons were surrendered before the court in January 2010 and all are awarded Regular Bail. The case is charged in Section 306 read with 34 and going under Trial. Approximately 6 witnessess has been examined out of total 27 wtnessess till now.
I have a question here- Is there an Option to go to HIGH COURT for filing an APPEAL for QUASHINNG the FIR now. Awating valuable answers.

Asked on 6/27/11, 2:20 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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there is no need to file an appeal as the matter has not been decided as yet. you can go for a Criminal Miscellaneous Petition for quashing of FIR u/s 482 of Criminal Procedure Code.

Answered on 6/27/11, 2:28 am

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Vishwa Arya Arya & Co.

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Since the case is undergoing trial and six witnesses have already been examined, in my opinion, the high court may not like to interfere in the trial. You have not gone for quashing after the charge sheet was filed. You have not challenged when the charges were framed. The court might say that let the evidence be completed now and wait for the verdict. However, if the six witnesses who have already been examined deposed against the version of prosecution and in favour of any particular accused, then, one may like to go for quashing qua that particular accused.

But best bet is, now, to let the trial close and then go for appeal if not acquitted.

Answered on 6/27/11, 4:49 am

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