Criminal writ petition

Querist : Anonymous (Querist) 02 January 2012 This query is : Resolved
Can a respondent of a criminal writ petition (filed u/s 482 of crpc quashing a criminal case pending in the lower court relating to a property transaction) file an application in the high court requesting that the high court direct the society (society is not a party to the writ petition) to disclose information about the disputed property transaction. An application was made in the lower court in this regard, but no action had been taken by the lower court. What is the procedure and under what sections of crpc is this covered? Thanks in advance.

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s.subramanian (Expert) 02 January 2012
Yes. you can make such an application before the High court. You can file the said application under Sec.482 Cr.P.C. itself invoking the inherent power of the High Court.

Querist : Anonymous (Querist) 02 January 2012
Thanks for your response. My application will be part of the same writ petition wherein I am a respondent, or I will have to file another writ petition?

Advocate. Arunagiri (Expert) 02 January 2012
If the lower court had dismissed your application, you can go for revision, not to high court u/s 482.

Querist : Anonymous (Querist) 02 January 2012
The lower court has not acted on the said application at all since last 6 months. Neither has the magistrate rejected my application giving reasons, nor issued any directions.

Advocate. Arunagiri (Expert) 02 January 2012
Now you can seek directions from the high court u/s 483 of cr.p.c.

Raj Kumar Makkad (Expert) 02 January 2012
As your application is still pending before the lower court so you cannot invoke double jurisdiction for the same purpose. Had your application been rejected then definitely you would have filed a criminal revision but definitely you can obtain direction for the lower court under section 483 of criminal procedure code to dispose of the pending application within a stipulated time.

Deepak Nair (Expert) 03 January 2012
You are rightly advised by Mr.Subramanian. You can make the applicatin under section 482 of CrPC to invoke inherent powers of High Court.

Querist : Anonymous (Querist) 03 January 2012
But this application will be part of this WP or a separate application altogether?

prabhakar singh (Expert) 03 January 2012
When Society is not a party no direction would be possible be it x matter or z matter.

Querist : Anonymous (Querist) 04 January 2012
But I am sure the court can issue directions to the IO who has concealed the society records and not submitted the same along with the chargesheet, as the state is also a party in the said wp.

Shonee Kapoor (Expert) 06 January 2012
Yes, it can.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 06 January 2012
Many thanks. Request you to revert the procedure for the same as my lawyer states that it cannot be done. any judgement on the same will be appreciated. As per my knowledge sec 482 of crpc gives unlimited, discretionery powers to the high court to issue any directions deem fit to ensure justice. best regards.

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