Quash under 226
Suresh Pitchaimuthu
(Querist) 29 April 2011
This query is : Resolved
If a quash petition under CrPC 482 is rejected in HC then after that is it possible to file another quash under article 226 in the HC. or approaching the SC is only option?
M.Sheik Mohammed Ali
(Expert) 29 April 2011
you can apply again review of your petition before bench then, thereafter file 226 . what is your exact case.?
Parveen Kr. Aggarwal
(Expert) 29 April 2011
Once a petition under section 482 Cr. P.C. is dismissed, the same relief cannot be sought under Article 226 of the Constitution on the same set of facts.
Nu.Delhi.Law.Fora.
(Expert) 29 April 2011
Dear Querist,
Option before you is now limited since an Article 226 Petition before HC lies only as extraordinary writ jurisdiction. Review may not serve the purpose. Moving SC under Article 136 by way of filing SLP may be an option worthwhile in given set of facts.
However, unless complete set of facts are disclosed and what contains in the Order u/s 482 CrPC by the HC, it may not proper to advise with conviction.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
Advocate. Arunagiri
(Expert) 29 April 2011
If you loose in 482, approach the SC. 226 will not maintainable.
M/s. Y-not legal services
(Expert) 29 April 2011
if your high court decided to reject the quash measn you may be withdrawn your case with liberty.. its will be helped you to file afain before your high court..
Suresh Pitchaimuthu
(Querist) 30 April 2011
Thanks for all the reply. Now I post my HC odrer under 482 CrPC where I appeared party in person. Kindly have a look at this and suggest.I am not convinced that 226 is not maintanable after dismissal of 482.
http://498amisuse.wordpress.com/2011/04/29/hc-party-in-person-in-high-court-307-ipc/
When even repeated 482 is allowed then why not 226 after 482. please see below (though this 482 was dismissed but it is allowed to file). and if i use 226 after 482 then I will change my prayer. In 482 I asked for quash and ind 226 I plan to ask for quash and compensation and punsihment to complainant.
http://498amisuse.wordpress.com/2011/04/26/repeated-482-cr-p-c-applications-for-the-same-relief-without-change-of-circumstances-and-facts-not-maintainable-482cr-p-c-applications-dismissed/
Kindly suggest.
Suresh Pitchaimuthu
(Querist) 30 April 2011
I found the answer. It is not correct to say that 226 is not possible after 482. Thats wrong understanding.
The karnataka High court like any other HC has framed its own rules which will apply to its own and to its sub ordinate court.
The para 9 says below.
.............................
9. Every affidavit in support of petition for the issue of a Writ, order or direction under Article 226 of the Constitution shall state where there are other legal remedies open to the petitioner for the redressal of his grievances and if so, whether he had before the presentation of the petition pursued all or any of such remedies and with what result, and if he has not done so the reasons for such omission and the grounds on which he seeks to invoke the jurisdiction of the Court under the said Article. The affidavit shall also set out in what right the petitioner has made the petition and how he is competent and entitled to make the petition and to seek to invoke the said jurisdiction of the Court.
...............................
So I will sumarize it.
1) 226 is possible even after exhausting 482.
2) Only thing is one need to mention in affidavit the reason for not using alternative remedy (482 in this case) or if used the result of it.
3) So I am already working on 226 now.
No defeat is final till you stop trying.
http://498amisuse.wordpress.com/
Guest
(Expert) 01 May 2011
Nice, if you have found the answer yourself without the help of others.
However, I must appreciate your spirit "No defeat is final till you stop trying."
Advocate. Arunagiri
(Expert) 01 May 2011
I will be happy to know the final result (482 and then 226 case). I will update my knowledge with your case. Please dont forget to post it as PM to me.
Suresh Pitchaimuthu
(Querist) 01 May 2011
Dear Arunagiri Sir, Surely I will update on this. Chance of admition of petition is itself a challenge for me. I will keep the group posted on the developments.
Sarvesh Kumar Sharma Advocate
(Expert) 29 April 2011
