Can citations be referred in criminal petitions
Ranganath
(Querist) 09 April 2009
This query is : Resolved
Ld Counsels,
Can we refer past judgements of SC or HC while filing for a Quash petition. Or is it that citation are reffered only at the time of hearing/arguments.
Please clarify. Thanks.
M. PIRAVI PERUMAL
(Expert) 09 April 2009
Sir,
Mostly it is referred during the time of arguments. Now advocates do mention the citations in the petition itself, the reason has been sent to you through PM. This is my view expecting the views of learned members in this aspect with citation if any in the aspect.
K.C.Suresh
(Expert) 10 April 2009
It is better to include the same. So that all the concerned can look into the same and take their stand in the court to save time.
N.K.Assumi
(Expert) 10 April 2009
I dont see any reasons why citation should not be reflected in the petition itself, as this will also minimized the burden of the Court to grasps the real legal position. In Supreme Court, I have seen petition with numerous relevant court's decisions in the petition itself.
Srinivas.B.S.S.T
(Expert) 10 April 2009
As observed by Suresh and Assumi Sirs it would be helpful for the courts as well to the counsel for the respondent.