Civil or criminal writ jurisdiction

Raman (Querist) 30 September 2012 This query is : Resolved
Sir, If someone quash the criminal proceedings/FIR by filing mandanmus, certerorai writ.In that case whether its wise to consider the writ under Civil writ Jurisdiction?

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Kiran Kumar (Expert) 01 October 2012
pls post a clear query.

ur statements are self contradictory.

Dr V. Nageswara Rao (Expert) 01 October 2012
High Court can quash an FIR under S. 482 CrPC. Writ is not necessary. Supreme Court can quash an FIR under its extraordinary power under Art. 142.Writ jurisdiction, invoked even for criminal matters, should be treated as civil jurisdiction.

R.K Nanda (Expert) 01 October 2012
vague query.

Raman (Querist) 01 October 2012
Thank you..Rao sir for clarifying my doubt..But in Delhi High Court writ Jurisdiction under criminal matters is treated under Writ (Crl)..May be I am wrong but the registry has placed under Writ (Criminal)..While in some state high court rules writ other than heabous corpous will be treated as Civil Writ Jurisdiction

Guest (Expert) 02 October 2012
Mandamus does not lie for quashing criminal proceedings. The rules of every High Court are different.

Guest (Expert) 02 October 2012
Dear Raman,

Generic queries do not attract specific solutions to any specific problem. That is why queries must be supported by some background.

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