bar for criminal petition
Guest
(Querist) 29 December 2010
This query is : Resolved
1.Sir, if I loose a civil service case in high court and it involves a criminal part ,which was neither considered nor decided in that case and never filed before criminal court, then, can I still file a criminal writ petition praying a writ for prohibition of victimisation and action against erring officials?
2.Is there any bar against such petition if victimisation includes discontinuance of my services also, which was issue under service petition?
3.Can court still take action against erring officials in criminal petition with or without considering discontinuance of services?
Guest
(Expert) 29 December 2010
KINDLY SEND DETAILS WILL HELP YOU.
IN GENERAL KINDLY NOTE THAT
1.CIVIL SERVICE CASE IS AGAINST YOU IN HIGH COURT, THEN YOU MAY FILE AN APPEAL TO THE SUPREME COURT AGAINST THE SAME BY ENCLOSING CERTIFIED COPIES OF SAID JUDGEMENT AND ALSO MENTIONING ALL GROUNDS AND ERRORS OF THE SAID COURT.
YOU MAY FILE SEPERATE CRIMINAL COMPLAINTAND ALSO CIVIL SUIT AGAINST THE SAID OFFICIALS FOR DEFAMATION AND ALSO FOR COMPENSATION.
KINDLY SEND THE COPY OF HC JUDGEMENT WILL HELP YOU.GOOD LUCK.
SAANJAAY GUPTAA
(Expert) 30 December 2010
Pooja, there is time boudation for filing criminal case before the court of law, it requires details to help you out.
G. ARAVINTHAN
(Expert) 30 December 2010
If it is a Writ petition, then file Writ Appeal, otherwise approach Supreme Court by filing appeal
yogesh
(Expert) 30 December 2010
Generally service matter bar with criminal courts If you losse civil service case before the High Court You may file WA /LPA before Divisional Bench and thereafter you may file SLP before Supreme Court of India
yogesh
(Expert) 30 December 2010
Generally service matter bar with criminal courts If you losse civil service case before the High Court You may file WA /LPA before Divisional Bench and thereafter you may file SLP before Supreme Court of India
Guest
(Querist) 30 December 2010
if service is discontinued by committing fraud then, is the officer, who committed fraud is free from his crime for ever since the service matter is lost because court did not comment over the fraud and forgery ?
It means if murder could have been committed and we lose the service matter involving the issue then the murderer is acquited forever.
Its a big loophole in the law if it is so.
what experts say about it?
M V Gupta
(Expert) 30 December 2010
I observe that the querist has ben and is raising issues out of her academic interest and are not relating to any of her problems.
Arun Kumar Bhagat
(Expert) 31 December 2010
Better we shall ignore her queries which are devoid of merits. We should dismiss it in limine.
Guest
(Expert) 31 December 2010
A query should narrate a specific incident for which our experts are trying to solve it by legal solutions. But this doesn't look like a query and only a discussion, since the querist is coming out with hypothetical questions as and when they are cropped up in her mind. In fact, this column is being misused by her without knowing its special value. Answering to the queries raised by this querist will cause waste of time of the experts and more particularly it will cause National Waste. I would agree with the observations of Mr.M.V.Gupta and Mr.Bhagat. This query may be treated as "loud thinking" of the querist and not putforth for our comments.
Guest
(Querist) 01 January 2011
I am astounded why Experts are behaving like this ? What the natural justice says?
I appeal to all members that it is an open site and every one has a right to place his views over here.
Mr. Bhagat get a seat of judge of high court(which you never can) and only then, talk like this and moreover, you have a great common sense so why are you stuck to my queries?
You are not boumd to answer them and I request to all members to kindly suggest this man to remain away from my queries.He had already broken a lot of my immoral moral and his target is over now.
Mr. Bhagat has caused to lose every charm of this site and my ultimate interest, for which I joined it, one and half year ago.
Some members are making people's disbelief more stronger.
Mr. Bhagat now request for banning my account also!!!!!!
Admin. must look into this matter that people are being deviated from this site by virtue of such biased comments.
Guest
(Querist) 01 January 2011
I request to all members to kindly answer to the legal aspect of my query and dont waste such precious time in criticising over these.
In such an amount of words the query could have been solved.
Advocate. Arunagiri
(Expert) 02 January 2011
If you are asking for only academic sake, the different opinions will come.
We the advocates can give the correct opinion only on seeing the documents. You give the piecemeal info and expecting the correct reply.
If you have a genuine query, post the case details with dates and case number. I will see to that you get the right answer.
If you want you send me the soft copies for my opinion.
