Whether appraoching to sc by way of writ petition is maintainable?
Raman
(Querist) 06 September 2012
This query is : Resolved
Dear sir,
I have file the writ petition before the Delhi High Court seeking directions/writ to the state of Rajasthan for transfer of FIR and subsequent proceedings to Delhi Police station area as allege crime took place in Delhi P.S but the wife of my cousin delibrately has registered the FIR u/s at her place of her fathers residence
I also relied upon the judgement of High court in which the court has issued the directions of the other state to Delhi P.S and the facts of the case were similar.But the Hon'ble court has sted that its wrong Judgement and advise me to with draw the petition and to file the fresh Petition before the High Court of Rajasthan and I did the same
In such case, whether its advisable to file the writ petition before the Supreme Court rather than filing SLP (as the SC may also say that there will not be infirmity of such order) or I should have to appraoch to the H.C of respective state for filing fresh Writ Petition
ajay sethi
(Expert) 06 September 2012
since you have with drawn the wirt petition from delhi high court no purpose will be served in going to supreme court . better file WP in rajasthan high court
prabhakar singh
(Expert) 06 September 2012
YES better file WP in Rajasthan High court.
R.K Nanda
(Expert) 06 September 2012
You can file WP in SC.
Raman
(Querist) 07 September 2012
Sir, the opinion of experts differ, whether writ petiton before SC is maintainable?
Kiran Kumar
(Expert) 07 September 2012
there will be no use of filing SLP before the SC
it will be better to file a quashing petition before the Rajasthan HC, if there is in fact an issue of jurisdiction.
dont file transfer petition before Raj. HC
You have not mentioned the Sections inflicted upon you, so it will not possible to give you a precise advise at the moment.
mention the allegations leveled and the offences imposed upon you.
otherwise for transfer of a matter from One state to other State, the power lies with SC under S. 406 Cr.P.C
R.K Nanda
(Expert) 07 September 2012
Writ petition in SC is fully maintainable.
Raman
(Querist) 08 September 2012
Kiran Kumar Sir,
The allegations are of 498-A/406 in which I am not connected with the same but FIR has been registered at her home town.I was given AB by their session court and also I was asked for regular bail before Ld Magistrate
I filed the writ petition before H.C of delhi for issuing mandanmus to the Rajasathan state but I have to withdraw the application on jurisdiction issue and the court too has granted me liberity to approach to court having jurisdiction.
Now whether I should approach to state H.C praying to issue writ to their state Police or directly file writ before SC so that FIR nad subsequent investigations may be transferred toi my home city Delhi
Now
R.K Nanda
(Expert) 08 September 2012
U can file writ petition directly in SC.
