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anil jindal (engineer)     24 January 2011

Help needed for transfer petition..

Hello,

Our familiy has been framed in false 498a case.
We are being provided the chargesheet by the court.


1. The local court where hearings will start do not fall in correct jurisdiction where incidents are claimed to have occurred.
Hence I want to file a transfer petition in supreme court.
We have xerox/photocopy of chargesheet with us.
I want to know that, can I go ahead for filing petition with xerox copy of chargesheet or I must procure CERTIFIED copy of chargesheet from court...?

2. We are mentally broken and lost financially/professionally too.
Thus I am planning to file transfer petition in supreme cour myself through online mode from supreme court website...? Am I thinking right..? OR any lawyer who can help us with minimal charges...?.




 



Learning

 7 Replies

Vibhor Verdhan (Lawyer)     24 January 2011

I need some more clarifications on the issue so kindly contact me with all the details on vibhor_verdhan@yahoo.com; verdhan.solicitor@gmail.com

pooja (lawyer)     24 January 2011

hello mr. anil jindal,

i m practicing in delhi.where are u live in ? i didnt get the clear idea of ur case.

you give the detail idea of the case on my mail - pooja_vadodaria@yahoo.com

regards,

pooja parekh

Advocate


(Guest)

you should contact the Supreme court bar association... 


(Guest)

YOU MAY KINDLY NOTE THAT.

1.SEC.498A COMPLAINT IS FILED AT POLICE STATION BY THE COMPLAINENT.AND CASE IS FILED IN THE CHIEF JUDICIAL MAGISTRATES COURT.CHARGESHEET IS ALSO FILED IN THE SAME COURT.

2.KINDLY NOTE THAT YOU MAY FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING FALSE COMPLAINT AT THE CJM COURT AGAINST YOU AND YOUR FAMILY MEMBERS.HIGH COURT WILL CALL RECORDS AND PROCEEDINGS OF THE MATTER AND MAY QUASH COMPLAINT AGAINST MAJORITY OF FAMILY MEMBERS OR MAY BE AGAINST ALL.

3.AS FAR AS TRANSFER OF CASE IS CONCERNED KINDLY NOTE THAT TRANSFER APPLICATION CAN BE SUBMITED TO THE DIST JUDGE OF THE COURT WHERE THE COMPLAINT IS PENDING.MENTIONING ALL REASONS.IT CAN BE TRANSFERED IN THE SAME DISTRICT TO ANOTHER COURT.

BUT IN CASE YOU NEED TO TRANSFER THE CASE FROM ONE DIST TO ANOTHER DIST.THEN YOU HAVE TO FILE TRANSFER APPLICATION TO THE HIGH COURT OF THE AREA CONCERNED.

AND IN CASE THE CASE IS TO BE TRANSFERED FROM ONE STATE TO ANOTHER STATE THEN YOU HAVE TO SUBMIT THE TRANSFER APPLICATION TO THE SUPREME COURT.

4AS FAR AS LEGAL ADVISE IS CONCERNED ,TRANSFER OF CASE WILL NOT BE OF MUCH USE FOR YOU ALL SECTIONS WILL REMAIN AS PER COMPLAINT.BUT IN CASE YOU FILE A WRIT PETITION TO THE HIGH COURT HAVING AREA JURISDICTION OVER THE COURT WHERE THE COMPLAINT AND CHARGESHEET IS FILED,THEN IT WILL HELP YOU A LOT.

5KINDLY NOTE THAT AS FAR AS FINANCIAL PROVISIONS IS REQUIRED ,IT IS ADVISIBLE TO FILE THE CASE IN THE LOWEST POSSIBLE COURT,IT WILL COST YOU LESS.

YOU MAY WRITE OR CALL AND SEND DETAILS FOR ANY FURTHR HELP.GOOD LUCK.

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE.

Satyadarshi Kunal (advocate)     27 August 2011

contact on 9953226231

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 August 2011

Hi Anil,

 

There can be more than one way of handling this situation. Think of the alternative of going for quash if there is no territorial jurisdiction rather than asking for transfer.

 

Fighting Party in Person has to be decided by how well versed you are of the procedures. I have had few successes and few near misses by representing my point of view as Party in Person.

 

You can also get lawyers at reasonable fee for fighting cases in all places. It all depends on your own comfort and satisfaction level.

 

It is better to discuss all options before deciding on something by showing all documents.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Female Activist (housewife)     03 September 2011

anil, if i were you, i won't contact pooja, kunal and ajitabh, who dont help anyone just post numbers. lci is ground for advertising for them. contact some advisor like shonee or upasana to guide u on this matter.


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