D V K KUMAR 01 October 2016

482 crpc alternatives

Dear Experts,

If an application u/s 482 crpc for quashing the orders passed by Sessions Court and Trial Court (in an offence relating to 498a IPC framing of charge), gets rejected. Can we again challange it in the same High Court or we have to move to the Hon'ble Suprem Court? Kindly keep in mind, that the trial has not been initiated till now only framed charges. Please advice. Its Urgent

Regards

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5 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 01 October 2016

Question is a bit heard to understand as Trial Court or Session Court has no determination of CrPC 482. Only HC has.

Assuming that you have filed before HC, - It depends under which jurisdiction have you filed? – Criminal Revision or Constitution Wirt Jurisdiction (Single Bench)? If Criminal Revision then you should approach SC for appeal. You also can file fresh petition on the same jurisdiction since Revision can be filed N-number of time. If Constitution Wirt Jurisdiction (Single Bench) then you can apply before HC division bench.

My opinion is, Please don’t waste your time on quashing. It is very head to get. Please apply for Speedy Trial and then apply for Perjury. Sample petition and other clues are available below.

https://www.facebook.com/RockySmith4Calcutta/

Sachin (N.A) 01 October 2016

I agree with the views of Rocky Smith.

It is very difficult to get quash from HC and filing quash petition in SC is also only waste of time. Better to go for speedy trial.

(Guest)

Yes u r correct .better to apply speedy trails

D V K KUMAR 02 October 2016

Thanks for your valuable comments and advices.

Sir, 482 crpc were filed as MCRC (Miscellaneous Criminal Case) in High Court and gets rejected.

My question is whether to file again in the same High Court or move Supreme Court. Beacuse the trial has not begin yet. Initially all accused were benefited with Anticipatory Bail by Sessions Court. Police had filed chargesheet u/s 498-A, 506, 34 IPC. The accused himself agued over the matter during 'Arguement before framing of Charge'. The learned Trail Court, dropped 506, 34 IPC but framed 498 A which was challanged in Sessions Court u/s 397 crpc. Session Court confirmed the findings of trial court. Finally application u/s 482 crpc filed challanging sessions court as well as trial court orders along with their quashment. But rejected on ground that "FIR lodged after filing of divorce petition (by husband) against wife does not proved that FIR is a counter blast of divorce petition." The High Court failed to appreciate the fact that wife in her DV petition herself admited the filing of divorce petition by husband agaisnt her and FIR was filed after more than 2 month and 10 days of filing of divorce petition.

So suggest, whether to move again an application u/s 482 crpc before same high court or with different section in same high court or move to Supreme Court.

Best Regards.

Sachin (N.A) 02 October 2016

You can approach to division bench of HC or SC but there is no benefit as high court is right that FIR lodged after filing of divorce petition (by husband) against wife does not proved that FIR is a counter blast of divorce petition.

Delay in filing FIR is merit for you but not sufficiant to quash for FIR