petition u/s 482 is maintainable over jurisdiction if sc dismissed the transfer petition
yogesh
(Querist) 09 March 2013
This query is : Resolved
I have filed the petition for quashing of FIR before the High Court challenging the sections 498-A/406 imposed along with the territorial jurisdiction of the state Police for illegal retaining the FIR..The H.C issued notices and meanwhile Police filed the chargesheet and the magistrate took cognisance of the offence.I filed the petition for challenging the cognisance of the offence U/S 482 on the grounds of Territorial jurisdiction but With court orders I have to withdraw gthe petition due to the pending of the previous one But stayed the court proceedinsg in response to my fresh petition in pending petition
But during the period of stay we have to give presence with our Learned Counsel..But the complainant ( Girl father) is using pressure tactics through wrong manners and I have reported to the police authorities and my counsel is advising me that I should file the Transfer petition before SC as there is much influence of the Complainant
My query is since my Criminal MAIN is pending before the H.C and if move the Transfer petition on the gounds of the security..whether it will be bar on filing subsequent petition under 482 CrPC challenging the territorail jurisdiction u/s 177-179 CrPC if both the petitions are get dismissed?
Nadeem Qureshi
(Expert) 10 March 2013
Dear Yogesh
no it is not bar you can file sebsequent petition u/s 482 before HC if you want.
feel Free to Call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
Devajyoti Barman
(Expert) 10 March 2013
No, there would not be any bar to file afresh.
You can get the quashing case transferred as well in the same transfer petition.
