Cancellation of criminal writ petition (misc.) of any petitioner
ANUGRHA Trivedi
(Querist) 20 October 2012
This query is : Resolved
Dear Sir,
I just want to know the procedure of cancellation of cr.writ petition(Misc), because a criminal can use this way. or What should I do if any criminal take an order from highcourt to save him from arrest against FIR.
Kindly inform me..
thanking you for ur cooperation
R.K Nanda
(Expert) 20 October 2012
appear in court and withdraw it.
ANUGRHA Trivedi
(Querist) 20 October 2012
No, Nanda Sir,
i'm asking about if a criminal gets an order from Highcourt against FIR under IPC 306. because it is unbailable & he is trying to save himself for three weeks. So, what's is procedure to cancel his order???
Advocate Rajkumarlaxman
(Expert) 20 October 2012
put the facts of the case in detail no one can predict the verdict or nearer to positive side of the case on your vague assumption
Devajyoti Barman
(Expert) 21 October 2012
Nothing. Everybody has right of legal recourse.
If he gets any order from court then fight it off on merit.
Since we do not know neither the history nor the merit of the case then how could we help you in getting remedy.
ANUGRHA Trivedi
(Querist) 21 October 2012
Respected Barman Sir,
I accept that everybody has the right to legal recourse. But Law should be same for everyone & Common People don't know the law procedure and they cann't hire famous lawyer than richer.
The Matter is:-I saw a suicide case in the newspaper, when i contacted their elder sisters and brother. They told me that their Eldest brother is responsible for this suicide & the boy who commits suicide left a suicide note & the note indicates that eldest brother is responsible. He tortured everyone in the house & he trapped his both younger brothers in a FIR with the help of nearest police station. Because of this the youngest son of the family commited suicide. After postmortem police wrote FIR under section I.P.C 306 on 29th Sept,12; it's non bailable. but police didn't arrest anyone of them & give them time to save the responsible person and in this way the eldest brother got an order on 12th Oct,12 from Highcourt by criminal writ petition(Misc.) for the period of 3 weeks. All the younger sisters & brother is living in fear because their own eldest brother wanted to throw all of them from the house and that sweet shop. Because they can demand their share in the house and shop. so i'm just trying to help them by meet DIG or police station.
Devajyoti Barman
(Expert) 22 October 2012
Engage a good local lawyer. It sis time taking process and a continuous watch is needed.
