LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tarachand   07 August 2017

Can jurisdiction of hon'ble apex court be invoked

Sirs/ Madams

Mr. A filed an application u/s. 340 of CRPC before District  Judge Court in India agaisnt the Respondent  Mr B

 

The Application was rejected in last Month

 

And so I decided to file appeal u/s. 341 of CRPC before concerned High Court.

 

But  I came to know that the same Principal Judge has been now promoted in that High Court.

 

And the further point is that I had filed Complaint of the same Judge in that HIgh Court only

 

Hence now I apprehend that the appeaI may not be decided  impartially at that High Court 

 

In such circumstances

Can  I file  Appeal u/s. 341 of CRPC before Hon'ble Apex Court

 

Kindly .Guide

HARIOM

 

 

 

 



Learning

 4 Replies

Sachin (N.A)     07 August 2017

You need to file the transfer petition in HC, so your case will be transfered to another judge

Tarachand   07 August 2017

Shri Sachin

Thanks for Reply

 

I have not yet filed Appeal u/s. 341 of CRPC so question of Transfer Petition does not arise

 

Hence I want to knaw

whether I  can  file  the  Appeal  u/s. 341  directly in Supreme Court instead  of  that High  Court  for the reasons as stated above.

Guide

Regard 

HARIOM

Sachin (N.A)     07 August 2017

No, you cannot bypass the HC.

File the petition in HC if the petition is assigned to the same judge then file transfer petition.

Tarachand   08 August 2017

Shri Sachin
Thanks
Regard
HARIOM

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register