1. Yes, it is permissible but unlikely to be allowed.
2.Now it is too late for registering case against you. File a writ in high court against police inaction.
When can High Court quash an FIR under 482 CrPC
Police in Mohali have registered an FIR against a builder under section 452, 323, 324, 506 ad 34 of IPC. The builder is using his political links to evade arrest since september 2012. The local court at Mohali rejected his anticipatory bail in october 2012. A Challan was submitted against him at local court by the police but the judge refused to accept it. He did not file any bail at High Court. Now, he has applied before High Court for quashing of the FIR under 482 crpc submitting that the charges were false. I have two questions. 1. Can you file an application under section 482 of crpc if the court has rejected your anticipatory bail under the above sections ? 2. The builder along with Police aid, asked for an enquiry which was again marked to his favoring SP at police department who didnt judge any of that day's fact and advised the SSP to register a cross case against us. SSP then marked it to SHO and asked him to enquire around the crime scene and then submit it to the court (this happened in 2012). After enquiring, the SHO filed a challan at local court who refused to accept it as the accused was roaming free and was not a PO as well. Now when the public prosecutor at High Court has asked the Police Department to provide their statement in the above 482 crpc application, the Police is thinking about registering a case against us on behalf of that SP Enquiry only. I think they are helping him in this act and wants to put false charges on us. What is my remedy in this case and what should I do ?
Asked 10 years ago in Criminal Law
16 Answers
Thank you, Can High Court register a case against us while quashing the FIR ?
Asked 10 years ago
No High court can not pass these types of orders against the applicants.
We are not the applicants but the accused who has been booked under the above sections. He has applied under 482 crpc to quash the FIR.
Asked 10 years ago
If the case is quashed, where is the question of new case at least by High Court?
The builder has stated in his application that he was attacked and have asked High Court to quash the FIR against him and register a cross case against us. He did not file any complaint on that day of incident and police didnt accept any of his charges later on. It was only that police enquiry which is going against us. Even after that enquiry, police tried to file a challan against him which local court refused to accept. Now, when police has to answer the high court in the above quashing application, they are threatining us that they can book us under various sections or we should compromise with the builder. I am the main witness in the case. 1. Can police register a case against us now after 1 year of enquiry even when they tried to file a challan in the local court ? 2. Can high court while quashing the FIR ask police to register a cross case against us ? If yes, what is my remedy ?
Asked 10 years ago
1. It is too late to register a case now. secondly if he alleges that he was attacked then why did he not lodge FIR against you at that point of time which shows malafide on the part of police if at all they register a case noe against you. you can challenge the same.
2. HC may not ask for registration of case against you as investigation still going on as stated by you.
1. Quashing can be sought irrespective of applying for anticipatory bail. AB itself will not have any effect on quashing except in exceptional circumstances. You have the right of contesting the quashing proceedings initiated by the builder.
2. Your remedy is to move the High Court for police inaction.
1. The builder can file the quash case but hardly he has any chance to get it quashed,
2. Immediately file a writ petition against the police inaction,
3. If a fresh case is registered against you at such a late stage, it will not stand at all.
High Court will not register a case against you while deciding quashing application. If the builder wants HC to register a case against you then he has to file a separate case in the HC.
1. Police can indubitably register a case against you even after the elapse of a year from the incident, albeit it will be a weak case.
2. Has the builder specifically asked for registration of FIR in quashing proceedings initiated by him? Have you received a notice from the HC? If yes, have you filed your reply thereto. You will be given an opportunity to contest the quashing proceedings in the HC.
Yes, the builder has specifically asked HC to register an FIR against us and we have replied to the high court with all the facts. But the problem is that now the police is confused. Whether they should reply in favor of builder on behalf of that SP's enquiry, if they do this, they them self become culprit of false FIR, or whether they should reply with all the facts. I am thinking of filing a writ against the police inaction. ANOTHER thing is that I am a law student as well and not at all satisfied with the reply which my lawyer prepared and sent it to the HC on my behalf. Can i reply again with the detail facts or whether i should include them in my WRIT ?
Asked 10 years ago
If you are not satisfied with the reply better discuss with your lawyer and get clarified from him as he is experienced practicing lawyer and not a student as you are. You must agree that studying law and practicing law are two different things and has its own significant which can not be equated.
Dear Querist
you can file rejoinder before HC as per your wish but it will be better to consult with your lawyer.
If you are not satisfied with the reply that your lawyer has drafted then you are free to change your lawyer at any time subject to law.
Since you are a law student I presume you must have as a part of your curriculum read ''Law and the Lawyers' authored by the great Mohandas Karamchand Gandhi wherein the author endeavours to explain the difference between theory and practice of law. Please read it if you haven't. It is only after practicing law as a litigating lawyer that you come to comprehend the various facets of law such as the facts which need a necessary mention in the pleadings and the facts which ought not to be mentioned. So with all due deference to your experience as a law student which you have greatly emphasised on, you lack the practical knowledge to judge the richness or poverty of your lawyer's legal acumen.
All the best!
Thank you, i am not blaming everything on my lawyer, its just that there is some communication gap. I think i need to file a writ petition against police inaction.
Asked 10 years ago
yes you can if you think so.
Yes, immediately file a WP before the High Court against Police inaction as suggested in my earlier post.
First of all I would like to advise you that in the fact and circumstances High Court would not direct the Police to register a FIR against you. It can direct the complainant to approach the Magistrate under section 156(3)/190/200 crpc. Police can not register a case of simple attack without there being any medical report of any injury in the attack. It is a non-cognizable offence.
The extra-ordinary powers of HC under section 482 are not exercised by it unless there is gross abuse of process of law or charges are apparently false and without merit. In the given scenario the petitioner is unlikely to succeed.
Some of the facts stated by you are not understood by me like the Police filed a challan but magistrate refused to accept it?
It can be quashed when the FIR itself is defective or FIR is registered beasing on all false information and when the offence is compoundable and when both the parties are compromised.
I will be busy all the time with several cases and I find very little time to reply to your query which are free service. Hence, If you can pay me my fee, I will discuss your issue with my senior Mr. P.Naga Pradeep who is having 40 years standing (experience) in both High courts and supreme court. I will let you know the opinion of your case what you have to do now. If you are interested contact me to this email id.
Hi,
irrespective of his anticipatory bail status he can apply of quashing the FIR, it is up to the court o allow it or not.In case the high court find allegations a false there is no action be taken against you, but the opposite party can approach a Magistrate with a private complaint.
Police can charge / take an FIR if sufficient evidence is there after the inquiry. Yourself can approach the high court with a writ petition against the police inaction and if you feel there is an injustice is happening against you.
