Quashing petition in high court after submission of charge sheet in lower court

[Anonymous]

A false case under Section 420 IPC has been registered against me. It was basically a civil case which the police had refused to register initially. After pressure on police, it was registered as FIR. Now police has filed challan in this case. Can I go to the high court for quashing of the case since it is a civil matter which is converted into a criminal case. The opposite party has already filed a civil suit against me for recovery of money.

[Dr. Ashok Dhamija]

Since the charge sheet has already filed in the case, it is preferable and advisable to file a discharge application before the trial court. If this application is allowed by the trial court, the case against you would come to an end.

You can go to the high court for quashing of the criminal proceedings under Section 482 of the Cr.P.C., but the chances of success are comparatively much less, since the charge sheet has already been filed and the high court may ask you to approach the trial court first with a discharge application if you so wish. Since the charge sheet has been filed, which indicates the existence of a prima facie case, the high court is not expected to analyse and weigh the evidence at such early stage which is the work of the trial court and not of the high court at such early stage.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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