QUASHING FIR U/S 482 CR.P.C.

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    • #2623

      SIR,
      I am admistered turned lawyer age, 78.
      My neighbour a notorious man threatened to kill me.
      I filed complaint in the police station.FIR registered and proceeding started.
      When police about to arrest him he approached Guj. High COURT TO QUASH THE FIR.The hon’able court issued notice with instruction ”no coercive steps shall be taken against the petitioner.However the Investigating Agency
      may go on with further investigation”
      Now police may treat the instruction as SAY ORDER or arrest the petitioner?
      2.Should i remain present in the Hon’able H.C. submit my reply.?
      pl. guide me

    • #2624

      The direction of the high court that no coercive steps be taken against the petitioner, also means that he should not be arrested. So, the police may not arrest the petitioner (against whom you lodged the FIR) till this order of the high court is in operation.

      Secondly, since the police has registered FIR on your complaint, it becomes a case filed by the State. Therefore, the State is supposed to defend the case filed by the petitioner in the high court and the public prosecutor will appear on behalf of the police. So, your presence in the high court (as the original complainant) is not mandatory. At the same time, if you so wish, you can intervene in the case before the high court, and file your reply and also engage an advocate to represent you. But, this is not mandatory and is optional.

           


      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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