High court - writ ipc 307
xyz
(Querist) 11 June 2015
This query is : Resolved
This is the case in which IPC 307 falsely registered by police where there is minor injuries and hence bail was given to 3 accused out of 5 within 2 days of arresting in session court.
Now as 307 is not evident all the evidences states that it is only 325. No chargesheet has been filed yet. we hired a lawyer in high court for getting the same day hearing order in session court. But the lawyer applied wrong WRIt for quashing the FIR instead for same day hearing or arresting stay. And High Court rejected the plea for quashing the FIR.
so the question is can again a plea be applied to high court asking for same day hearing orders or arrest stay?? As in earlier writ it was not applied nor stated anywhere. Kindly reply.
Devajyoti Barman
(Expert) 11 June 2015
second writ for similar relief does not lie. So without seeing your first writ petition no further advice can be given.
Dr J C Vashista
(Expert) 12 June 2015
1. Change your lawyer immediately.
2. File an application for bail for remaining 2 accused in custody.
3. How much time has been consumed by IO in filing charge-sheet?
4. For quashing FIR writ of any nature is not maintainable, you will have to file petition u/s 482 Cr P C.
Rajendra K Goyal
(Expert) 12 June 2015
Consult some other senior lawyer and show him full case file.
