Challenging jurisdiction of trial court
yogesh
(Querist) 21 October 2012
This query is : Resolved
For challenging jurisdiction of trail court of Haryana ( for offences 498-A, 406 etc), whether criminal Miscllaneous ( under 482 CRPC ) can be filed or its mandatory to invoked the writ Jurisdiction under Article 226/227 for quashing of trail
Kindly provide judgments passed by Supreme Court on non maintainability by trail court where alleged cause of action had not taken place
Devajyoti Barman
(Expert) 21 October 2012
In criminal case it is always advisable to to go for specific provision.
Since Writ court does not intervene when alternative remedy is there, it is advisable to go for quashing us 482 crpc.
R.K Nanda
(Expert) 21 October 2012
go for quashing u/s 482 of crpc.