Quashing fo the fir regd u/s 307 of ipc
sweety f
(Querist) 04 July 2012
This query is : Resolved
HELLO SIR.
I WAS ARRESTED IN A FALSE CASE U/S 307. HOWEVER I M RELEASED ON BAIL. CHARGESHEET HAS NOT BEEN FILED. I HAD FILED WP OFR QUASHING THE FIR IN OCT 2011 WITHIN THE LIMITATION PERIOD. THE PETITION WAS DISPOSED TWICE DUE TO DEFAULT/NON PROSECUTION ETC. THE BENCH HAS RESTORED MY PETITION BY IMPOSING A PENALTY OF RS 5K. IT FURTHER PASSED ORDERS THAT THERE WOULD BE NO REQUESTS FOR FURHTER DATES AND ADJOURNMENT. I M AFRAID THAT I WILL NOT GET JUSTICE FROM THE CONCERNED BENCH AS THE BENCH IS PRO PUBLIC.
PLS SUGGEST WHAT ARE THE OPTIONS OPEN FOR TO GET FAVOURABLE ORDERS :
1] CAN I REQUEST FOR CHANGE IN BENCH
2] WHAT HAPPENS IF MY ADVOCATE DOES NOT ATTEND THE COURT ON THE GIVEN DATE
3] CAN I WITHDRAW MY PETITION AND FILE A FRESH PETITION. WILL THERE BE FURTHER PEANLTY IMPOSED FOR WITHDRAWING THE CASE. SECONDLY TWICE THE MATTER WAS DISPOSED.
4]WHAT WOULD BE THE COST FOR FILING A FRESH PETITION. COULD THE SAME DOCUMENTS BE REUSED.
5] THE RESPONDENTS HAVE SUBMITTED AN AFFIDAVIT N WITHDREW THE COMPLAINT. IS THEIR PRESENCE NECESSARY WHILE FILING A FRESH PETITION.
6] CAN WE REQUEST THE BOARD TO CHANGE THE BOARD OR FOR NY OTHER HELP.
THESE ARE SOME OF MY QUESRIES.
PLS DO THE NEEDFUAL AND OBLIGE AS EARLY AS POSSIBLE
REGARDS:
Adv.R.P.Chugh
(Expert) 04 July 2012
Dear Querist,
In my considered opinion :-
1] You cannot seek a changed bench on ground of pro public - every judge is supposed to be pro-public, a change in bench can only be sought on the grounds of conflict of interest/personal bias etc. On very strong grounds that give you a very strong reason to believe that you won't get justice here.
2] Court would decide it on merits on the basis of your 482 petition.
3] Court won't allow a withdrawal with liberty to file again.
4] See 3.
5] If you are talking about the complainant having taken her/his complaint back then in that case the case in all probability would be quashed on the basis of compromise as per the present trend. Insist on some latest Supreme COurt judgements including Gian Singh (2010)
