498a
Dileep.K.Jha
(Querist) 25 April 2013
This query is : Resolved
Is it OK that 498a not covered u/s 82 and 83
Devajyoti Barman
(Expert) 25 April 2013
What is your actual query? Explain more.
Dileep.K.Jha
(Querist) 25 April 2013
During anticipatory bail pendency in high court lower court issued proceeding u/s 82 and 83 executed same but unfortunately bail get rejected from highcourt two weeks back against false FIR u/s 498a from wrong jurisdiction . Now i want quashing proceeding of u/s 82 in high court
Devajyoti Barman
(Expert) 25 April 2013
The lower court hurried in its approach to intitae proceeding u/s 82 & 83 crpc especially when your AB was pending.
Challenge the proceeding the u/s 82 & 83 crpc first than going for quashing.
Go to higher court for bail or else surrender.
Nadeem Qureshi
(Expert) 25 April 2013
Dear Querist
File a writ petition under article 226 of Constitution of Indian read with section 482 Of Cr.P.C for quashing FIR as well as Proceeding of 82/83 of Crpc.
Feel Free to Call
Dileep.K.Jha
(Querist) 25 April 2013
Can high court entertain quashing u/s 482 and stay lower court proceeding after rejection of AB from same court . Pls suggest me properly with judgement if you have.
Raj Kumar Makkad
(Expert) 25 April 2013
Lower court is within its right to issue warrants under section 82 & 83 as asked for if high court had not granted stay order against the proceeding of lower court.
Dileep.K.Jha
(Querist) 25 April 2013
It is right Mr. Makkad lower court can do same if highcourt not given stay order but proceeding u/s 82 and 83 will allowed as per term and conditions mentioned therein not contrary to that.
No notice and summons u/s 82 reached/published at my ordinary/permanent resident till the date.
My another question is if high court going to accept this application u/s 482 then highcourt will stay the further proceedings of lower court till the disposal of this application or not?
