When to file quash petition in hc

Sir,

 

Yes its a good option to file the quashing becasue that would help you to prevent yourself from failure of Justice.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Originally posted by : Kapil Chandna
	Sir,   Yes its a good option to file the quashing becasue that would help you to prevent yourself from failure of Justice.   Warm Regards Kapil Chandna Advocate 9899011450

 

Thanks for your reply. 

But when should I go for quashing,  before cross examine in trial court or after cross examination! 

Any time you can approach before HC for quashing however it is not recommended in this stage since the trial is already in progress.

 

Please apply for speedy disposal since you have already spent 8 years and the persecution willfully slithering the matter to delay and harass you.

 

Please see my profile links for sample petitions any other clues.

At this stage if there is no compromise between both parties the quashing petition in high court will fail. The high courts in almost all such cases refuse to quash such criminal complaint of wife against the husband unless they both compromise and finally settle their matrimonial disputes. The high court in your case will also suggest you to complete the prosecution and get final order from trail court. It may make order for speedy trail so the such long trail should come to an end.

Even you try to compromise the HC will view you in pre-convicted manner and may order you to pay lot of money to you wife.

 

View of HC / SC and Indian Government’s view is as follows : -

 

a) To make matrimonial process lengthy so that parties compromise.

b) Even if you try to compromise then also you may drag to HC/SC or till death since there is no sanctity of mediation.

c) Even you try to compromise the HC will view you in pre-convicted manner.

d) Make situation such a way so that husband will be extorted.

e) Never come to actual matrimonial facts.

f) Never give justice to innocents.

g) Gender biased, Cast biased laws.

 

Dear Friends,

Please ask yourself, is this not violation of your constitutional rights? Is this not violation of human rights?

If you think that the answer is ‘YES’ then please be prepared for PIL . Please see my profile links to know more.

@rocky 

Please know that the goal of our Indian Constitution is EQUALITY.

Not DISCRIMINATION.

 

Hence any law, act, order that creates discrimination among Indian based on race, s*x, religion and place of birth and by creating such discriminations it violated personal liberties on Indians and forces state to take away livelihood of Indians (by creating fear, uncertainty to do something e.g. marriage) is unconstitutional.

 

Please never follow those laws, boycott them.

Please be prepare for PIL to ban such laws. 

Please see my profile links to know more.

Not able to reply your PM. Pls use sec 21-b of hma or 40-b of sma whichever is applicable and also article 21 in the subject line of the matter.

@rocky

My question is different from your reply. 

I'm facing case u/s 498a/34 ipc.
I'm thinking to file petition for speedy trial in-Person U/S 483 CrPC read with Article 227 of Indian Constitution by preying that to direct the Learned JM to dispose of the 498A case within 6 months from the communication of the order.  
 My case is lingering on because public prosecutor was not present from so many dates.  
As you know that I can file case in-person only on my behalf and not for family members who are wrongly dragged in case. Because a non lawyer cannot represent other.  

I'm sharing all this so you can correct me if I'm wrong. I'm defending my all cases in-person in trial court but its 1st time I'm going to HC  

Can you tell me what will be the procedure court will adopt? Means court will summon whom I/o or complainant or both.  

What are things I should mention or avoid to mention?   

Can you help me with some judgements of Delhi High court or SC ?  Any sample petition will be helpful.  

 Thanks  
 

@rocky

My question is different from your reply. 

I'm facing case u/s 498a/34 ipc.
I'm thinking to file petition for speedy trial in-Person U/S 483 CrPC read with Article 227 of Indian Constitution by preying that to direct the Learned MM to dispose of the 498A case within 6 months from the communication of the order.  
 My case is lingering on because public prosecutor was not present from so many dates.  
As you know that I can file case in-person only on my behalf and not for family members who are wrongly dragged in case. Because a non lawyer cannot represent other.  

I'm sharing all this so you can correct me if I'm wrong. I'm defending my all cases in-person in trial court but its 1st time I'm going to HC  

Can you tell me what will be the procedure court will adopt? Means court will summon whom I/o or complainant or both.  

What are things I should mention or avoid to mention?   

Can you help me with some judgements of Delhi High court or SC ?  Any sample petition will be helpful.  

 Thanks  
 

There is no provision in law that engagement of an Advocate is required for pleading any case.

 

You can file and plead your and your family member’s/friend’s case personally also.

 

You need signed permission of council (VOKALATNAMA) from them to represent them.

Pls suggest some GROUNDS for speedy trial.

And judgements related to this.

Definition of Pleader in criminal law.

 

"pleader", when used with reference to any proceeding in any Court, means a person

authorized by or under any law for the time being in force, to practice in such Court, and includes

any other appointed with the permission of the Court to act in such proceeding;

 

 

Clearly, As per definition a pleader need not to be an advocate.

 

Section 32 in THE ADVOCATES ACT, 1961

32. Power of Court to permit appearances in particular cases.—Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

 

As per above act anybody can plead any case of others by securing "permission of council" (VOKALATNAMA).

 

I just closely looked into the rule of SC as follows: -

 

 

"As a power of attorney holder for someone, you may sign sale deeds and agreements on his behalf, but you cannot argue for him in a court of law unless specifically permitted."

 

In the given fact the said attorney (General Power of Attorney) did not have special power as "permission of council".

 

Please get signed VOKALATNAMA (Special Permission as a pleader) from your family members and plead their case.

 

This SC rule can't deprive your constitutional rights to be as a pleader if your are "specifically permitted" as per as Section 32 in THE ADVOCATES ACT, 1961

Since as per article 21 of Indian constitution - no one will be personally deprived (Not giving chance to be a pleader) unless procedure establish by law (No Advocate is required to plead any case hence no procedure can be established to deprive your right to plead of others case).