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mubeen (MD)     14 December 2015

Whther 498a quash application can be made in Mumbai highcour

Conviction is made by cjm without any evidence or proof in only 498a case.can quash petition be filed in Mumbai HC.plz experts reply


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 3 Replies

saravanan s (legal advisor)     15 December 2015

File an appeal against the order of the lower court

mubeen (MD)     15 December 2015

Sir, we appealed in sessions court.the matter is for argument but i doubt about the proceeding s

SOLOMON.RAJ (advocate/director)     16 March 2016

Mr. Mubeen,

                    You should understand the rule of Law, You are already convicted in a case under section 498-A of The IPC and there by went on for an appeal before the Sessions Court . Once convicted you do not have any provision to file  a quash petition before the High Courts .

A quash petition will be entertained before the conviction, which means your case was still not heard and during the pendency of the trial you can go for a quash and not after sentence being awarded to you.

The only option at this juncture available for you is to go ahead wth the appeal in the sessions and later if the conviction granted by the lower court is upheld by the sessions too then you can go fora second appeal before the High Courts of your state and later you can also file an aSLP before the supreme court.

Advocate, High Courts of A.P. & T.S.   

Recipient of BHARAT GAURAV SAMMAN AWARD,2014,

Director, Justice League,

General Secretary,U.C.C ,State of Telangana,

Vice President, Minorities Right Forum,

 Member, Advocates International,

National Joint Secretary, Christian Legal Assn. Of India

Indian Ombudsman, U.E. Of Unites states of America,

National Vice president , All Indian Christian's Council,

Email:rajcarey@yahoo.com, justiceleague367@yahoo.com

Ph:+91-9866545086.


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