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sidhu (student)     06 January 2013

Divisional bench judgement

Hi,

    Me and my family were illegally arrested in a crimanal case under crpc 353 r/w. In this case 2 firs were registered. On 3-12-2012 judgement was pronounced in favor of us fir was squashed and S.H.O was suspended.  refer  judgement in this link:

https://164.100.12.10/hcorders/orders/2010/wp/wp_24030_2010.html

   But this was challanged before divisional bench  on 10-12-2012 by opp party, our lawyer did not gave proper information about the case and with out filing a counter afdavite he directly argued the case.The main point is The said officer who claim that he seek permission from I.G of police for changing the F.I.R, changed it after issue of stay order .The content of stay order was to stop all further proceedings in this case.

  But in the WA it was filed that he took permission before issue of stay order. is this not the contenmpt of court?. He already did contempt of court and to hide this mistake he again commited one more mistake giving wrong information to the court.

  Our lawyer who know this fact earlier and paid for filing contempt of court, did not file any counter affidavit or argued regarding this in the court.We are cheated in this way.Now judgement is reversed and case is again reopened on us.

   Is there any other way apart of filing S.L.P in supreme court.CAn i writer letter to C.J of high court to look in to matter.

 The real facts in this case are hidden and we did not get a fair chance for justice.

 

Please suggest what can be doen at earliest.

      



Learning

 7 Replies

Ashimta Lekhi Malhotra (Independent Lawyer)     06 January 2013

As always Mr. Davessar has left nothing more to state. Completely agree to him. SLP is the only way out.

sidhu (student)     06 January 2013

Thanq sir,

  

 You mean that the contempt of court should also be filed in suprem court?

sidhu (student)     06 January 2013

Dear Members,

 

   The orders are passed by single , two bench judges in high court of andhar pradesh.I cam to know there is also Full bench containing more than 2 judges can we appeal here.

sidhu (student)     07 January 2013

Ashish Sir, Thanq for patiently answering my queries. But i want to give you few more grounds on this case and please suggest what could be done.

      two F.I.Rs are registered on single case at same time. one is submitted police department and other is submited to court.This unconstituional and judgement still says that the S.P of the disctric will punich him under civilservice procedures of Andhra pradesh 1992.

   the content and persons are totally different from each other.First fir 5 persons , second f.i.r 4 persons. with in 24 hrs time 2 f.i.rs are changed on same crime no.

  As i said we did not get fair chance for justice in divisional court, but judgement is pronounced against us.

we will go for S.L.P please suggest any thing required. 

thans a lot for your time.


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