Need an expert lawyer in supreme court for 482/chargesheet stay and quashing.
Satyamev
(Querist) 17 March 2015
This query is : Resolved
I respect all the experts here but anyone who would be interested in taking up my matter in Delhi SC can message me in my inbox so that we can discuss it in person.
Well , Charge sheet has been filed against the Husband and his parents U/s 323,504,506,498A,3/4 DP and Final Report against the cousin sister who was also accused in the FIR who does not stay under the same roof.
The kind of evidences that I have to counter my wife allegations are one of a kind and unique,but still investigating agency was manipulated and the charge-sheet was filed.
I filed two separate petitions u/s 482 for me and my parents.
Unfortunately I am dealing with a state High Court that is extremely Pro-woman but on merit I managed to get Proceeding stay for parents and unfortunately my petition is stuck with a judge that is extremely pro woman and never grants stay to husband.
The opponent did not even dare to file a Counter yet on my urgent petition as the ingredients of the same are very strong and its been over a month. That judge keeps giving them more time after time rather than giving X Party order for not filing a Counter or arguing on my petition.
I am planning to somehow take a negative judgement for my 482 Application and approach Supreme Court for Chargesheet Stay and Quashing. As I said my evidence are one of a kind and if my matter is in capable hands I am sure I can get relief if sophisticated tactics are used.
All together there are several cases with all wild and absurd allegations that itself contradict with the ingrdients of the Dowry Chargesheet and FIR.
Advocate Kappil Cchandna
(Expert) 18 March 2015
Sir,
Better get it done by HC .... Bcoz even if you go to SC they will dismiss the petition and ask you to face trail on merits if you such a good case ...
Regards
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 18 March 2015
Dear Satyamev,
Why do you want to move directly to Supreme Court for quashing of FIR?
Dr. (Maj) J C Vashista, Advocate,
Ch. NO 647, 6th floor, Dwarka Courts,
New Delhi-110075 Cell# 9891152939
email: majjagdish@yahoo.com
Devajyoti Barman
(Expert) 18 March 2015
Quashing lies in high court , not in supreme court.
I wonder how you being a AOR do not know this basic thing.
SAINATH DEVALLA
(Expert) 18 March 2015
Dear Satyamev,
Allegations in all the above cases are one and the same.The entire family tree is cut down to pieces.Well, how do you say that UR HC is pro woman,that is a misconception.SC will not allow the petition at the first instance and whatever are the results u have to succeed in HC only.When did U file the quash petition,it will not take too much time to get disposed off.
Satyamev
(Querist) 18 March 2015
Respected Experts, here are my concerns
Dr.JC Vashista : Sir, I am not Charu.
@Mr.Kapil Chandra and Mr.Devayoti Barman and Mr. SAINATH DEVALLA
There are many cases where dowry related sections proceedings stay has been granted then quashed u/s 482 & FIR have been quashed u/s 226/227 at primary stages however court does not intervene much at the investigation stage therefore I never went for Quashing argument at the time of FIR Investigation and waited for the chargesheet to be filed.
But it depends on the bench and the tactics of the Counsel.
However the power of 482 is not used by the courts very easily but there are also end no. of petitions where on merit the Stay has been given and Quashing of chargesheet has happened as per my understanding as I read over blogs.
But I request you to humbly pardon my ignorance anyhow is it true that I cant go for Proceeding Stay & quashing if stay is not granted and if quashing does not happen in high court ?
If yes why ? however not getting relief is a different thing upon approaching.
ajay sethi
(Expert) 18 March 2015
quashing is rarely granted . in the vent of settlement arrived at between parties 498A proceedings would be quashed by Hc . better fight case on merits before trial court
SAINATH DEVALLA
(Expert) 18 March 2015
Mr.Satyamev,
Don't get panicked, there are some procedures to be followed before approaching the Highest Court of the country.Hence do as per the earlier advice of the experts.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 March 2015
The trial court is court of evidence and it is very easy if properly contested to get relief.
No judge or court is biased it is the operation of law which goes against you.It is the skill of the advocate to twist the case so that no other result is possible.
A white light passes through PRISM and it gets divided is seven colors and none of them is white,that is the trick of defense.
When you rush to HC or SC and compare withe some very high profile cases so your expectations rise and no results come.
Please tell me your place and court and I can suggest you proper line of action.
Dr J C Vashista
(Expert) 18 March 2015
Dear Satymev,
Just before your query (Q 1 & 2 today) I had found the query posted in the name of "Satyamev" whereas at the foot the name was mentioned as "Charu" that's why I presumed you to be the author of another query and addressed you as "Charu". However, I have modified.
Why are you keen to skip trail/evidence if you have unique/strong evidences available, knowing fully well that the HC Judges are heavily pro-female?
Rather I would suggest (not advise) to contest trail and let the Magistrate decide as per evidences produced. However, if you feel aggrieved you can approach Sessions Court, High Court and then Supreme Court.
T. Kalaiselvan, Advocate
(Expert) 19 March 2015
The tips given by Advocate defense can be utilised to tide over the problem instead of becoming frustrated on disappointing results from higher courts on application by application before them.
