nitingupta 11 October 2017

Application u/s 482

Sir,

I moved application U/s 482 for purpose of quashig of FIR which was rejected.

Then, again I moved an application U/s 482 for the purpose of quashing of NBW issued against me illegally that was also rejected.

Now, I want to go to supreme court of india against both the orders.

What to do ?

Should i file SLP (Special leave Petition) or PIL or Writ Petition ?

What shall be my next step to fight for justice againt illega FIR lodged against me last year ?

I am a bit confused. pls thelp

Thanks in advance

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5 Replies

Siddharth Srivastava (Advocate) 11 October 2017

You can file SLP only challenging the HC order. PIL or Writ in SC is not maintainable. Who are you to adjudicate as to whether FIR is illegal or legal? Let the court decide this issue. Consult a lawyer and go with his advise.

R Trivedi (advocate.dma@gmail.com) 11 October 2017

There are two kinds of evidence (in the context), one is ordinary evidence whose truthfulness is to be proved during the trial and second is incontrovertible evidence. HC under S.482 normally does not look into first kind of evidence, only if evidence is so compelling that trial would be a wastage of time and unwarranted persecution of accused, the Hon HC favors 482 quash. So please let us know which evidence proves your innocence.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 11 October 2017

Sir,

Approach Supreme Court in an SLP ....

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

nitingupta 12 October 2017

Thanks Mr. R. Trivedi

Can a CCTV footage of arresting of accused before the time of incident ( as mentioned in FIR) be categorised as introconvertible evidence ?

What's your opinion ?

Secondly, thanks a lot to all the respected members.

Regards,

R Trivedi (advocate.dma@gmail.com) 15 October 2017

CCTV footage requires proof and are also susceptible to tampering, so as such no, but if it is a part of police report and submitted by the police and if it clearly made out that accused was arrested before the crime, then a good lawyer can get a quash. Basically this is dangerous, because it implies that police was complicit in this crime and they just got you in advance.