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After expunging of the complainants witness , accused can get quashingAfter expunging of the complainants witness , accused can get quashing

Criminal »Posted 12 Feb 2019

legal question Hello Sir ,

I just want to know one legal point .

A trial court has expunged the Defacto complainant\'s testimony due to his/her absence in court for a long time but in that case , there are few witnesses . So , In such circumstances , can accused approach the High Court for quashing of the entire criminal case against him on the basis of trial court\'s order , , expunging of the Defacto complainant\'s testimony ? It would be any advantage for such accused to get quashing order from the High Court ? Because , such accused believes that who had lodged complaint Or who was the prime witness of such case , his/her testimony has already been expunged by the trial court so despite this fact , if such criminal case will continue against the accused then he will only be harassed by day by and nothing more .

So , on the above mentioned grounds , can the accused person go to the High Court for quashing of such criminal case against him .

If possible , please give me the logical answer . Thank You .

legal answer from lawyer E00305224Under Section 482 of CrPC, any person can at any stage of trial approach to High Court for quashing. However, the Supreme Court, in the case of "State of Bihar and another v. K.J.D. Singh" put significant restrictions on the High Courts powers of quashing. So the answer to your question is, in brief, "you CAN move for quashing before the High Court at ANY time you want". However, whether it is advisable to do so right now is another question. To answer that question, I need details of your suit and all documents/ orders relating to the same. Otherwise, you can file for quashing if you want, but chances are that the same may be dismissed or rejected.

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