Whether move to supreme court to trasfer the proceedings or wait for issue of summon by trail court?
yogesh
(Querist) 19 October 2012
This query is : Resolved
Respected Ld Members,
we are residents of New Delhi and my sister in law's father have falsely implicated in sections 498-A/406/323/506 and registered the case in Haryana Distt..we have been given Anticipatory bail from their district session court and thereafter regular bail after stiff opposition.
in october 2012, I filed the Civil Writ Petition before P & H high court under Article 226/227 of the constitution for quashing/ or in alternate transfer of proceedings.But the Hon'ble bench directed registry to trat my application under Civil Miscllanous for quashing of proceedings and finally the matter has been admitted and issued notices to the respondents( as I am no where connected with the allegations)
Now the point is trail court has directed the IO to file the challan which may takes place in next month ( Nov 2012)
Kindly inform what remedy is available so that trail may not be commenced there as its very expensive for us to face the trail there( Local lawyers influence each other and complainant is influentail perosn).In case proceedings is quashed by P & H high court then only I only can get the relief how can I safe my rest of family members?
Whether Transfer application can be filed there in Supreme Court or I should wait for the issue of summon by the court to challenge the jursidiction of the court?
Kiran Kumar
(Expert) 19 October 2012
I dont know who advised you to file Civil Writ Petition in the matter.
and keep in in mind your matter may not invite interference by SC unless there is a very strong case of abuse of process of law when it comes to transfer of the case.
moreover when HC has taken cognizance of the matter in Quashing Petition then approaching SC will not be a good option.
Guest
(Expert) 20 October 2012
CWP does not lie in P&H HC for quashing.
The proper remedy is to file Criminal Miscellaneous for quashing u/s 482 Cr.P.C. There is no use going to the SC when the HC is already in seisin of the Crl.Miscellaneous.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
yogesh
(Querist) 20 October 2012
Thanks for reply..My same petition was entertained by Delhi High Court under writ Criminal jurisdiction where I was advised to withdraw the application and to file the same before P & H court..Unfortunately, in the P & H except Heabous corpous all petitions falls unde civil writ Jurisdiction..
However the Hon'ble Bench has pass the matter to the Chief Justice where the same has been marked as Criminal Miscallneous where the notices has been issued.
Now the point is trail court of Haryana has directed the IO to file the challan and there after summon may be issued..For challenging the summon of trail court..Whether I needs to file the separate petition before the P & h HIGH COURT UNDER CRIMINAL MISCALLNEOUS ( U/S 482) OR move to Supreme court for transfer ???
R.K Nanda
(Expert) 20 October 2012
file criminal writ petition in high court.
Arun Kumar Bhagat
(Expert) 13 November 2012
Punjab & Haryana High Court can not transfer the case to other state.For inter state transfer one shall have to move Supreme Courtbut generally criminal cases are not transferred.
