Hello, I have filed an FIR, opposite party has filed quashing petition in High Court of Gujarat against it. I intend to file another F.I.R under IPC 420 etc. against same accused, both the matters are interrelated, now, there are few points in their quashing petition which I think will be helpful to me in filing new FIR. My questions are as below: 1. Can I use their petition as evidence in filing another F.I.R? 2. Will trial court accept it as evidence? (One policeman which I think is in hand in glove with accused refused to accept it as evidence saying it was for quashing of old FIR, for which we have approached seniors) 3. I am pretty confident that their quashing petition would not stand, if on next date they ask judge to withdraw it, and judge allows it, will I still be able to use it as evidence? 4. As per my knowledge anything which is related to the case can be used as evidence, and this petition is made on affidavit in the high court, so it should be admissible in other related case as well. Am I correct or not? 5. Can I request judge not to allow them to rectify/edit or withdraw petition and get it dismissed on merit? If it gets dismissed will I still be able to use their petition as evidence in trial court? 6. If it is accepted, how much weight can a trial court give to such submission made on affidavit in high-court? Thank you.
1. Unless the present FIR and quashing petition are perused it cannot be said whether you can use it in your favour.
2. Quashing Petition's certified copy can be led in evidence.
3. You can use the quashing petition in evidence even if it is withdrawn.
4. The court will allow withdrawal of quashing petition notwithstanding your opposition.
Another fir cannot be lodged although during the case the sections may be added if an incident which hadn't been mentioned is mentioned now. Trial court proceedings are different from the high court.
You may use the evidence in the trial.
After going through your facts of the case and questions legally I answer as follows:-
1- The Answer is no. What is evidence is part of academic research which I would not be able to discuss with you.The copy of Petition is a document with annexures which cannot be classified as evidence.
2- The answer is NO. Same answer as to point No.1
3- I am not sure simplicitor I do not know the contents of Petition, annexures, grounds and copy of FIR .Hence cannot answer legally.
4- My answer is No. As exclusively explained to point No 1 and 3.
5- Partly answer YES. You may request to the Court.No to the use of documents as evidence.
6- I can't answer this being technical question without knowing facts and issues in your case ,FIR and contents of Petition.
You need a lawyer who can review your documents having continuously talk about your case and opinion immediately after understanding your case facts and issues involved.
Petitioner is at liberty to with draw petition
2) you cna object to with draw all but judge would allow it
3) affidavit is statement on oath
4) it can be relied upon by you in other legal proceedings
1. Yes, you can use their petition , as this petition is an admission by them .
2. Court can accept the said petition as evidence , police has not power like a Court .
3. Yes, as the petition is supported by an affidavit of acceptance .
4.Yes
5. No, he has his right to withdraw the said petition filed by him , but rectification is not allowed in criminal case. But generally , court imposed fine /cost at the time of withdraw of petition.
6. It depends upon the discretion of the court .
1. No petition for quashing cannot be used as evidence for new FIR.
2. No
3. You can use some points from that petition in your evidence but not whole petition you should have given that points in your previous complaint.
4. You can give a try by giving the petition as evidence against accused if it get dismissed from High court
5. If trail judge takes petition as evidence then it will be better for your case.
You can try to use that but it will only be useful in your trial of that other FIR matter
If they are admissions then yes
Yes you can still use it once copy served to you and it's filed before court.
Yes it can be used.
You can't say that to judge he can allow if it's under provision if law.
It depends on merits not affidavit
No fresh FIR for same incident, provide certified copy of petition to IO.
If IO do not include it in investigation report, you can later submit in court.
Yes.
Yes
You cannot object withdrawal of petition but amendment. If dismissed on merit, you can use the petition in evidence.
Submission is subject to cross examination and after that trail court will decide up to what extent, would rely on it.
1. An duly executed affidavit, given anywhere is admissible as irrefutable evidence in ALL courts and can be used to cross examine the related party.
2. IF police does not register new FIR, based on the evidence (certified copy of affidavit), THEN you have option of filing private criminal case in local magistrate's court.
1. Yes it can be used.
2. Yes that can be accepted.
3. Yes, get certified copies.
4. Correct.
5. You can only request the judge to decide in merits, rest depends on judge.
6. Trial court have to wait untill HC decides
1. For registering another complaint there should be another cause of action and not their petition.
2. It may not be acceptable.
3. No.
You may have to concentrate on your grounds alone.
4. You have filed a case based on the grounds and evidences you relied upon.
These are subsequent developments hence you may not be able to utilize them to your support.
5. You file a counter to their petition before high court.
6. You are getting diverted from the main case which may lead you to even lose your own case.
Hence you discuss with your advocate properly before taking any hasty decision.
Dear Sir,
The said petition can not be used, rather its content can be used. You are suggested to use all your proof and evidence available with you in the trial court.
Yes it is correct.
Regards
