Criminal Writ proceedings for quash

Querist : Anonymous (Querist) 15 June 2010 This query is : Resolved
Ld counsels,

I received copies of my criminal case documents form police through RTI, I came to know from the RTI reply that the complaint was tampered and new and improved allegations were included which were not told before the high court during the bail proceedings.

The information commission has odered departmental enquiry against police for ginving false information, but did not initiate disciplinary action. The police department is not complying with commissions order

Will I succeed if I take my case to high court for getting directions to initiate disciplinary action against police and to quash the criminal case as it is motivated and with malafide intensions.

For the above reliefs can I file a single writ petition under article 226 and 227 of constitution. I have proof to claim that the criminal case is initiated with malafide intensions.

Pls clarify.

Thanks

Follow Query

Report Abuse

Akhilesh Kumar (Expert) 15 June 2010
you can move to the court u/s 482of the Cr.PC to quash the proceedings.

Akhilesh Kumar (Expert) 15 June 2010
You can file petiotion before the high court to quash the proceedings against you.

Devajyoti Barman (Expert) 16 June 2010
What you are looking for, quashing or departmental enquiry because the two are completely different. If you want to quash the proceedings then you have to file u0s482 for CrPC but if you want departmental enquiry then writ under Article 226 is the option.

Querist : Anonymous (Querist) 16 June 2010
ld counsels,

I want to mingle both quash and disciplinary acion in a single writ case, is it possible.

Pls clarify.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now