can we by pass SIC?

Anantha Sowrya (Querist) 23 April 2011 This query is : Resolved
Dear Ld Members

My liberty is at stake, as such, i am victim of 498a in a fabricated case.
I got my summons recently.

I have been filing RTI's on my case
but the PIO/FAA are not responding and right now we dont have a commissioner for our SIC.

Second appeal takes a long time to go
in this connection can we by pass SIC? anf file a Writ Petition in AP - High Court

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R.Ramachandran (Expert) 23 April 2011
Dear Mr. Anantha,
To approach the Writ Court or not is your discretion and decision based on the ground realities that you face and also the result/advantage that you perceive by approaching the Writ Court.
Similarly, whether to grant the writ or not, obviously, is the discretion of the HC. To have to keep both these things in mind and make your move appropriately. There is no hard and fast rule.

Advocate. Arunagiri (Expert) 23 April 2011
You can not bye pass the 2nd appeal and SIC. The writ wont be admitted at all.

Go as per the procedure. Wait till the time limit and escalate the matter to the superior authority.

Isaac Gabriel (Expert) 23 April 2011
Writ jurisdiction could be invoked when rights are infringed or violated. It has got no relevance to the information Act or the Central information commission.You can file writ petition

Sarvesh Kumar Sharma Advocate (Expert) 23 April 2011
advocate ARUNAGIRI is right!
agree with his views!

ANIL AGARWAL (Expert) 24 April 2011
You can not by-pass a statutory remeday and file Writ, unless you want to try your luck.

Govind (Expert) 24 April 2011
Dear Anantha Sowrya
if in above noted case you're still not charged by Court you can apply in HC for quashing the FIR on the ground which proves you innocent or if you have just appreciation that police take you in custody then you have remedy to take anticipatory bail from District court or from HC.