Appeal against quash order on jurisdiction base
Sundram N
(Querist) 21 October 2014
This query is : Resolved
Dear Sir
kindly suugest that, my quash petition was based on false alegation as indicated prima facie from FIR and on base of jurisdiction.
false alegation in 498a was on based to proof on my evidence and description of FIR itself because wife side extorted money from me in lot of time and up on closing to give money as per her demand, she and her side arranged gunda that was based on recording in my mobile as well as diary lodged in police station from my side.up on filing diary in police station, she filed false case u/s 498a.
another side, wife is with me from last 14 years in west bengal and case is filed in bihar going to her parent place under preplan base.
in this sitauion of facts, high court ordered to raise the ground in lower court at the time of framing charge and dismissed my quash petition.
i want to take your valuable advice what will be benefecial for me from the below alternative :-
1. file appeal immediately before supreme court to interfare with the order of high court,
2. wait for framing charge by lower court. after that file for discharge case .
3. if lower court go against me then file before high court again. and if high court go against me then put before supreme court.
kindly share your expert veiw on the above alternative. so that i can go ahead.
Devajyoti Barman
(Expert) 21 October 2014
1. What is the order of high court? You are silent on this without knowing of which it is difficult to make further comment.
2.It is a good option.
3.It is alos an option.
ajay sethi
(Expert) 21 October 2014
it is in your interest to contest case before trial court on merits . you will have to prove during trail that allegations made in FIR are false . no sense in going to SC against HC dismissing your quash petition
