Illegality followed in investigation of Offence under the PC Act 1988

[Dr. Ashok Dhamija]

Before the cognizance is taken, you can ask for quashing of the FIR by filing a petition before the high court. But, generally, it is quite difficult to get the FIR quashed. You may have to show that even if the whole FIR is read at its face value, no offence is made out. Alternatively, you may approach the senior officers of the investigating agency with regard to whatever illegalities you claim have been committed during investigation. Thirdly, you may approach the sanctioning authority requesting him to refuse sanction for prosecution, pointing out whatever defects have been noticed by you.

After charge sheet is filed and cognizance is taken, you may apply for discharge.

If you succeed in your petition before high court, as mentioned above, the FIR itself may be quashed. Alternatively, if the sanctioning authority refuses to grant sanction for prosecution, the cognizance cannot be taken.

     

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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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