for section 482

TRIBHUVAN PUROHIT (Querist) 27 July 2009 This query is : Resolved
Can one seek relief U/S 482 even though cross started in magistrate`s court

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Tribhuvan Purohit

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Somnath mukherjee (Expert) 28 July 2009
yes at stage of proceeding

Manish Singh (Expert) 03 August 2009
yes you can seek remedy under Sec 482 if you can prove that the whole case is malafide. but since the orignal case has been wen up to the stage of cross, the HC may question why u didnt raise any objections at that lower court or the HC itself.
you may find it a bit difficult to prove but still you can quite easily lay your cliam if properly put up before the court.

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