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Siv (engineer)     20 September 2010

Can second tome Quash petition U/s 482 is allowed

Hi All,

 

Last year I filed Quash petition on 498A IPC case for all the accused.

For husband high court did not admit the petition on the ground "Jurisdiction".

 

Now once again can I file Quash petition on different Grounds that of previous for the husband, seperately.

Since one year there are many developments and with in this year wife filed CrPC-125 cse on the gound of cruelty she is living seperately and need maintenance etc.

In CrPC-125 case wife contradicted with 498A case allegations such that only one verion of either 498A case or CrPC-125 case is possible to happen not the both. Considering that 498A charge sheet version is true, CrPC-125 case version is completely false and wife did perjury.

If CrPC-125 case version is true then the alleged allegation in 498A case is false and one of the accused is implicated falsely in criminal case.

Circumstance descripttion:

In 498A wife said: Husband and his relative necked the wife out off house by scolding and aslo taken away her gold ornaments.

In CrPC-125 case: Wife was starved for food for 2 days and wife called her brother via phone and her came to home and taken her away and at that time husband was not in house and even not available on phone hence wife left with her brother. 



Learning

 1 Replies

DEEPAK ASSOCIATES (08010117611)     07 October 2010

There is two View on the point 

one is Jurisdiction :

Then you can file the petition in the high court having jurisdction being it was earlier dismissed on the ground of jurisdiction

another view is file the petition in the same high court then please refer to the following judgements

In the judgement  : M/s Khalsa Beej Bhandar Vs State of Punjab 2007(2) RCR (Crl) 270 (P&H)

Petition Dismissed by High court : Thereafter high court can neither recall or review the order-Only supreme court would etertain a Curative Petition so as to reconsider its judgement in exercise of its inherent power  2000(4) RCR (Crl) 650 (SC) relied.

on the other hand

SMS pharmaceutical Ltd Vs Neeta Bhalla 2007 (2)  RCR (Crl) 126

Second application in the same matter u/s 482 for quashing : High court is not completely denuded of its power to exercise inherent jurisdiction for Second Time 2001 (4) RCR (Crl) 312 (SC) relied


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