Application u/s 482 crpc
jagjit
(Querist) 28 December 2014
This query is : Resolved
SIR , I WANT TO FILE AN APPLICATION FOR QUASHING THE INTERLOCUTORY ORDER PASSED BY THE LOWER COURT IN THE HIGH COURT. I HAVE ALL THE GROUNDS. BUT IT GOT DELAYED FOR 120 DAYS. CAN I FILE IT IN NORMAL WAY OR I HAVE FILE IT ALONG WITH THE CONDONATION OF DELAY APPLICATION SEPARATLY.
Advocate M.Bhadra
(Expert) 28 December 2014
There is no time limit for quashing the FIR, but you should file Quashing Petition in High Court as soon as possible before the charge frame, it will very effective for quashing.
Section 482 in The Code Of Criminal Procedure, 1973
Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
jagjit
(Querist) 28 December 2014
SIR, IT IS NOT AGAINST THE FIR, IT IS AGAINST THE INTERLOCUTORY ORDER PASSED IN THE MAINTENANCE PROCEEDING U/S 125. IN WHICH COURT PASSED THE ORDER IN BAKE DATE OF THE PETITIONER APPLICATION AND IT IS CLEARLY SHOWING.
T. Kalaiselvan, Advocate
(Expert) 28 December 2014
You have to file a revision petition to apeal against the aggrieved order and it will not be under section 482 cr.p.c. and again not for quashing the order.
ROHIT SHARMA
(Expert) 28 December 2014
1. In the first place no appeal or an application u/s 482 Cr.P.C. lies to set a aside an interlocutory orders, because they are not considered as final disposal of the case matter.
2. You can file application before the same trial court to review its order for maintenance.
Raj Kumar Makkad
(Expert) 28 December 2014
There is no revisionary powers with the same court in the matter given by the querist. Criminal Revision definitely lies with the upper appellate/revisional court.
