Lodgment of a criminal writ petition in supreme court
mohanlal
(Querist) 11 July 2014
This query is : Resolved
I have filed a Criminal Writ Petition under Article 32 of the Constitution of India in the Hon’ble Supreme Court.
The said Writ Petition has been lodged under the ORDER XVIII, Rule 5 of the Supreme Court Rules, 1966 by the ‘Registrar Judicial – I’ of the Supreme Court.
The said Rule reads as follow:-
“The Registrar may refuse to receive a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter but “THE PETITIONER MAY APPEAL BY WAY OF MOTION”, from such refusal to the Court”.
Queries: -
(i) What is the meaning of the word “Appeal by way of motion”?
(ii) Can anyone help me out in counseling the procedural part to appeal against the said Order of lodgement?
(iii) Any other kind suggestions in this regard, please?
prabhakar singh
(Expert) 12 July 2014
SIMPLE!
IF REGISTRY REFUSES LODGEMENT. THE ORDER OF REGISTRY WOULD BE CHALLENGED BY APPEAL AS TO BE WRONG PRAYING REGISTRATION OF PETITION.
ajay sethi
(Expert) 12 July 2014
agree with prabhakarsinghji
T. Kalaiselvan, Advocate
(Expert) 13 July 2014
If you are not satisfied with the experts opinion to your query, you may contact a lawyer practicing in Supreme court for further details in this regard.
R.K Nanda
(Expert) 17 August 2014
consult senior supreme court lawyer with case file.
