quashing of FIR by High Court when challan filed but charge not framed

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    • September 29, 2017 at 3:26 pm #3080
      Sonu Garg
      Guest

      under section 305/34 and sc/st act police present the challan in session court but charges are not framed by session court. can i fill for quashing the fir in high court???

    • September 29, 2017 at 4:30 pm #3083
      Dr. Ashok Dhamija
      Advocate

      Once the challan / charge sheet has already been filed in the court, there is no point in approaching the high court for quashing of the FIR, since the FIR has already led to the filing of the charge sheet. In such a situation, you may try to file a discharge application before the trial court.

           

      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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