cause of action in Writ proceedings

Querist : Anonymous (Querist) 07 July 2010 This query is : Resolved
Ld counsels,

There is a criminal case instituted with malafide intensions and the police have fabricated the records of the criminal case. Can I approach the high court for quashing the criminal case and also for directions to initiate disciplinary action against the poilice oficers.

To me it appears that the cause of action is same for both the reliefs and I also have a SC judgement of the case below that Article 226 can be invoked fo quashing the criminal proceedings.
('Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others [(1998)5 SCC 749]')

Kindly clarify whether the writ petition will be maintainable with the above 2 reliefs. Thanks

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pawan sharma (Expert) 07 July 2010
yes. u can file the Writ Petition before concerned High Court.

Guest (Expert) 07 July 2010
KINDLY NOTE THAT WRIT PETITION IS FOR SPEEDY REMEDY.

YOU MAY IN YOUR OWN INTEREST FILE A WRIT PETITION FOR QUASHING THE FALSE COMPLAINT AGAINST YOU.
AS FAR AS CROSS COMPLAINT AGAINST THE CONCERNED PERSONS ,YOU MAY DIRECTLY FILE A COMPLAINT WITH RELEVENT DOCUMENTS TO THE CHIEF JUDICIAL MAGISTRATE COURT IN YOUR AREA AS PER PLACE OF OFFENCE.PLEASE NOTE.COURT WILL HEAR YOU AND ON VERIFICATION OF ALL DOCUMENGTS AND EVIDENCE COURT WILL ISSUE PROCESS AGAINST THE SAID ACCUSED.
YOU MAY FURTHER WRITE AND SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
THANKS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

G. ARAVINTHAN (Expert) 07 July 2010
File Writ Petition before concerned High Court

Raj Kumar Makkad (Expert) 07 July 2010
I HAVE SIMILAR OPINION AS OF SAWANT.

Krishnamurthy Ramdas Iyer (Expert) 07 July 2010
Quashing is possible only after Trial begins.
Quashing is under Inherent powers of the HC and no writ is filed.

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