procedure for filing a case in supreme court
vinod bansal
(Querist) 30 April 2008
This query is : Resolved
I was summened by the trial magistrate us 319 of crpc to face a case uss 498A/406 IPC.I filed revision and session court allowed my revision and set aside the order of trial magistrate.Aftar that complainant moved to highcourt us 482 crpc and highcourt again summoned me us 319 crpc.Now i want to move before supreme court against this order of highcourt.What is provision/procedure i have to adopt i mean under which provision or section i can move to supreme court.
Rajesh Kumar
(Expert) 02 May 2008
It is not clear whether the High Court has set aside the order of the Sessions court or not or the summon is merely calling you to answer the application of the complainant.
If the summon is merely to answer the application of the applicant, no need to move the Supreme Court at this stage and contest the complainant application under Section 482 of the Cr.P.C.
vinod bansal
(Querist) 02 May 2008
Sir, Hon'ble highcourt finally set aside the order of Sessions court in revision & ordered me to face trial before trial court as an accused.Now i want to move before Supreme court against this order of highcourt.kindly enlighten me.
Rajesh Kumar
(Expert) 05 May 2008
You can file an Special Leave Petition to the Supreme Court under Article 136 of the Constitution of India.
