What is the process and procedure for quashing petition?

Where can I file petition for FIR quashing, either district court or direct High court. Please give me a proper direction for this. ACB case 7a.

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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 01 Nov 2024

Submit the petition to the High Court in the jurisdiction where the case was filed in accordance with Section 482 of the CrPC. A certified copy of the FIR, case details, and supporting documentation should all be attached. The complainant (or the state in public matters) will often receive a notice from the court to attend and reply after the petition is filed. The notification notifies the opposing party that a quashing petition has been submitted. Both sides will present their arguments before the High Court. Your attorney will make arguments for the case's quashing, emphasizing procedural mistakes, a lack of proof, or other legal grounds.

Admin
Advocate By LEAD INDIA Answered: 14 Feb 2024

In this case a Criminal Miscellaneous Writ Petition may be used to bring an application for quashing of a FIR before the High Court in accordance with Article 226 of the Indian Constitution. Consequently, in order to revoke a FIR, one may use the court's extraordinary authority. For further legal assistance contact us on our helpline number.

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