AREAS OF PRACTICE

Quashing Petitions - Inherent Powers

The High Court, exercising its extraordinary power under Article 226 of the Indian Constitution or the inherent powers under Section 482 of Cr.P.C – now Section 528 of Bharatiya Nyaya Sakshya Sanhita – may make such orders, to prevent abuse of process of Court or to secure ends of justice. ‘Quashing’ is a term under the umbrella of which, diverse reliefs can be sought. Relief of ‘Quashing’ can be sought by a Corporate or Director or Partner or by an individual, to drop criminal proceedings initiated in whatever form. The legal reliefs under this provision can be immensely relieving to an individual.

ACAJuris’ practice of law before the High Court, has largely been concentrated in this this area of law. Few of such reliefs that the Firm has had exposure and represented clients in, are :

  • Quashing of FIR, Charge Sheet and entire criminal proceedings, covering comprehensive criminal laws prevailing in India.
  • Directions for transfer of investigation to higher ranked police officer or a different agency.
  • Directions for Speedy Investigation & Trial.
  • Directions to police to conduct further investigation, by reason of biased, partial, directionless and incomplete investigation.
  • Directions with respect to Passport, Look Out Circular, Citizenship and similar matters.
  • Quashing Police Notices.
  • Directions with respect to Extradition Act and implementation of Agreement between two Nations, arising out of it.
  • Directions with respect to protection of one’s Privacy and Right to be Forgotten.

Other Practices