criminal misc application mean.

Querist : Anonymous (Querist) 13 May 2011 This query is : Resolved
Question: A fake fir has been registered against me? A friend of my who is a lawyer said that file a Criminal Misc. Application in the High Court under section 482 Cr.P.C. for quashing of FIR. I don’t know the meaning of what does the criminal Misc. application means because my uncle who is an advocate said file a Criminal Misc. Petition. I am not in a position to ask what does it means to my friend & uncle because of our relationship. So can any one explain me the meaning of the above words in criminal law?

It will be help for me.

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Tribhuwan Pandey (Expert) 13 May 2011
A person may file an application u/s 482 of Cr.P.C. for quashing the FIR lodged against him/her.
The High Court has power u/s 482 to quash the FIR where it appears the FIR is fake. The High Court may grant interim order till the disposal of the said application.

Querist : Anonymous (Querist) 13 May 2011
Thanks Sir but what about the main query :

criminal Misc. application means & Criminal Misc. Petition.

Meaning of the above & the difference.

Tribhuwan Pandey (Expert) 16 May 2011
In Criminal Law application may file u/s 482 Cr.P.C. or any other section prescribed by law. The application can file in a petition or separately.
The petition may file u/Article 226/227/etc. provided by the Constitution of India where the fundamental/legal rights are violated.
In your quarry section 482 provides remedy for you. So the Cr. Misc. application will lie in your case.

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