For invoking extraordinary powers of supreme court under article 142
Raman
(Querist) 01 October 2012
This query is : Resolved
Dear Sir,
For invoking extraordinary powers under Article 142 of the Constitution of India for quashing of FIR which petition is mainainable before the supreme court of India??..
(In High court, its maintainable under Criminal Miscellaneous)
N.K.Assumi
(Expert) 02 October 2012
That Article 142 is inherent power of the Supreme Court coupled with plenary and residuary powers under Article 32 and 136 to quash criminal proceedings pending before any court. It contains no words or whisper of limitation on the inherent power of Supreme Court.
Raman
(Querist) 02 October 2012
In that case sir, whether we have to file SLP or writ petition before the Supreme Court of India for quashing FIR
Devajyoti Barman
(Expert) 02 October 2012
Though Writ jurisdiction can be invoked by both high court under Article 226 of Constitution and Supreme Court under article 32 of constitution of India, the supreme court always discourage to come before it first without exploring possibility before the high court.
So try your luck before the high court only.
R.K Nanda
(Expert) 02 October 2012
1.first file quash petition in HC.
2.If it fails then file SLP in SC.
prabhakar singh
(Expert) 02 October 2012
Slp would be the occasion to be invoked exhausting remedy available at High Court.
Sudhir Kumar, Advocate
(Expert) 14 October 2012
All you queries are at
http://www.lawyersclubindia.com/experts/For-Invoking-extraordinary-powers-of-Supreme-Court-under-Article-142-342681.asp
http://www.lawyersclubindia.com/forum/Criminal-or-civil-writ-jurisdiction-67114.asp
http://www.lawyersclubindia.com/forum/Filing-criminal-writ-before-punjab-and-haryana-high-court-66994.asp
http://www.lawyersclubindia.com/experts/Filing-criminal-Writ-petition-in-P-H-High-Court-342096.asp
http://www.lawyersclubindia.com/forum/Whether-police-can-directly-arrest-or-take-remand-from-court-66666.asp
http://www.lawyersclubindia.com/experts/Whether-transient-bail-or-any-relief-can-be-given-by-delhi-high-court--337351.asp
Someone may better understand the facts and reply if all facts are at one place.