Appeal to high court in criminal case quashing 498 a
Sudhakar
(Querist) 13 May 2014
This query is : Resolved
Respected Experts...
Previously I discussed with you all respected experts and finally got a result or conclusion that, once case was took up in high court (quashing 498A case in lower court using under section 482) and final order was given, we cannot review the same quashing criminal case in the same high court once again.
I got clear about above matter...
Now whats my next doubt is...
I would like to move once again to High court on the same 498A case for quashing the case using section 482, BUT COMPLETELY DIFFERENT GROUNDS.
Previous case was held up last 2 years back in 2012.
Now I would like to move to same high court once again not touching the old grounds but clearly fresh grounds where I can prove myself.
Please suggest me whether is it a way or not.
I hold fresh grounds to contest as a new case regretting the old one with fresh grounds in the same court.
Thanking you
Devajyoti Barman
(Expert) 13 May 2014
Sorry, you would miserably fail.
You may even run the risk of getting wrath of the court which may be vented ny way of imposition of high cost on you for filing such frivolous applications.
Sudhakar
(Querist) 13 May 2014
So Devajyoti Barman Ji, as per your previous advice on yesterday , filing SLP in supreme court is the only option for this case to get hold of this case which was held up past 2 years back.
Is this the only left option for me in filing delayed SLP or delayed condone delay petition for about 669 days.
venkatesh Rao
(Expert) 13 May 2014
Better face trial before the court as it is too late to tap the doors of higher courts and they may be slow in quashing at this point of time.
Devajyoti Barman
(Expert) 13 May 2014
669 days is too long to condone delay.
You may try for discharge in the lower court.
Rajendra K Goyal
(Expert) 13 May 2014
Better face trial in lower court and let the case be decided on merit. If you have good defense, you would win the case.
ajay sethi
(Expert) 13 May 2014
fight case on merits before trail court .
Raj Kumar Makkad
(Expert) 14 May 2014
No more to add after reading the comments of the experts.
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
It is better to challenge the case in the lower court with the aid of strong evidences and merits in your favor if you are so confident about it because, if you have intended to go for quash before high court, you certainly should possess some strong evidence against her false case, thus instead of trying any other gimmick, concentrate on the case in the lower court itself.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 May 2014
