Relief at hc

You ask this question many times but the answer is trial cannot be avoided. HC cant quash cases as primae facie it doesnt appear false and no decision can be made regarding quashing unless the evidences and witnesses of the complainant are heard. Everyone would want to fight the cases in HC and Supreme court but this is not the way it works it starts from the lowest level (Trial court) and then to the higher courts.

TP usually dont work as that would also need to be backed by some grounds ....if you file TP in HC it will again refer the case to mediation then again it would fail and then again HC will send back the case.

You can just gain 1-2 years by applying Quashing or TP in HC but ultimately it will reach the Trial court.

Sanjeev has advised u rightly .... i agree with him ...

Sanjeev is right.

However, there might be a chance of success on TP/ Quash. It is whether you want to take the chance.

Sanjeev/Shonee,

Agree with you that HC donot look into the case and prima facie if no offense is ruled out then it refers back to Trail court which is inevitable.

However if the offences cited happen to fall outside the territorial jurisdiction and with no FIR/Chargesheet Ld ACJM takes cognizance and issues NBWs without waiting fot the service orders of the BWs then contesting in such trial court will gurantee the accused of a fair trail??

How can he convince the witness to go 1000 kms away during examination-cross*xam.?

Sir,

Issuance of NBW has to be challanged seperately than issuing of process in the complaint.