cr.pc
arsh
(Querist) 27 March 2011
This query is : Resolved
Ram singh filled a criminal miscellaneous petition before the high court u/s. 482 of the crpc,1973 for the purpose of quashing FIR registered against him under the offence of cheating and criminal conspiracyu/s 419 read with section 120-B of the I.P.C.Ram singh pleaded in petition that since the registration of case against him on 01.03.2003 ,no evidence had been found against him and the registration of the case was only for political reasons.High court issued notice to the state.As the case was shown to be a case of gross miscarriage of justice only two weeks time was given.At date of hearing,the counsel for the state could not point out the material on the record for the purpose of involving the petitioner (Ram singh)Hon'ble judge of the high court being impressed by the counsel of petitioner ,quashed the F.I.R. against thr petitioner and pronounced the judgement in the open court.However,the judge subsequently came to know about the evidence on the record which showed involvement of the petitioner.Pertubed over his previous judgement which caused grave miscarriage of justice,the judge exercised his inherent power u/s 482 and revised his judgement which was contested by the petitioner.
Argue and prepare memorials for the petitioner and the state.
KINDLY help in solving this problem
Advocate. Arunagiri
(Expert) 27 March 2011
The judge has no power to review his order. Only appeal to SC can give the solution.
Or go for the second complaint before the Magistrate stating the HC order and your proofs.
Ghanshyam Mishra
(Expert) 27 March 2011
Arsh various High courts and supreme court have provided guidelines for quashing of FIR's at different points of times you consult a criminal lawyer and show the judgment with chargesheet .If appropriate case is there and judgment suffers with legal impropriety it can be impugned before Honble' supreme court.Ghanshysm Mishra Ad 9899794006
