Abuse of process

Aman (Querist) 09 January 2013 This query is : Resolved
Can a 'gross misinterpretation' of a statute by Police for filing a complaint and sub-sequentially arresting a person for a cognizable offence be termed as an 'abuse of process'? And can the aggrieved person file an appeal under Art. 133 in the Supreme Court for quashing of that FIR if the same petition has been rejected by the High Court?
If yes then has there been any case decided based on similar propositions?

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Devajyoti Barman (Expert) 09 January 2013
Without seeing the FIR and the order of high court it is difficult to comment on merit of the SLP.
The Article is 132.

R.K Nanda (Expert) 09 January 2013
contact local lawyer.

Raj Kumar Makkad (Expert) 09 January 2013
Your lawyer defending your case before High court is the fittest person to provide you best opinion.

Aman (Querist) 09 January 2013
Thanks for your prompt replies, but my concern is whether pleading 'abuse of process' a matter of civil proceeding for challenging a wrongful arrest made without purpose?

Raj Kumar Makkad (Expert) 10 January 2013
Who shall decide this wrongful arrest? Only Court can decide it after completion of trial and only then you shall be free to initiate as desired.

Sudhir Kumar, Advocate (Expert) 09 February 2013
In addition to what Mr Makkar said, I would add that if you win case you can also try defamation, malicious prosecution etc.

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