Power of judge.
prince
(Querist) 10 November 2011
This query is : Resolved
I ask a question in forum but did not get good answer, Will you please help.??
My wife suffer from mental problem. She start doing mad behavior if medicine is not given. We got to know about this after 6 months of marriage. A complaint about this is already filled by us in my city aligarh. Still we are trapped in 498a. Police arrest me without giving me a chance and I have to stay in jail for a day.
My question is:- My wife applied for cancellation of my 498a bail in delhi high-court. Does the judge of highcourt who hear my wife's application also has the power to quash the FIR if he find my wife wrong and I proved to judge that FIR is false? If I give an application to same highcourt judge, to quash the FIR along with my answer of the summons I receive ?
(Suppose I can prove.)
Nadeem Qureshi
(Expert) 10 November 2011
Dear Prince
the court can not quash the FIR because for quashing the FIR, it is mandatory to file a quashing petition before the court.
the judge who heared the bail petition have not power to Quash the FIR notwithstanding otherwise.
you can filed a quashing petition before the High court u/s 482 or articale 226/227 of Constitution of India in this quash petition when the judge heared then the Hon'ble judge have all the powers. so dont waste time filed the petition.
feel free to call
prince
(Querist) 10 November 2011
So, quashing petition can be heard by same judge same time ? or not ?
Shonee Kapoor
(Expert) 10 November 2011
Repeated query.
The quash application has to be filed separately and the Chief Justice would decide who would hear it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Expert) 11 November 2011
Mr.Prince,
Don't you bother much about the predicament you are now wrapped in.
1.If you are a position to establish your wife was suffering from mental disorder,file a Petition of dissolution of marriage on account of concealment of this disability prior to marriage;
2.Show all prescriptions etc to the H/C Judge hearing cancellation of bail.Otherwise also it is not ordinary to cancel bail.He must be hearing appeal/revision against the order of granting bail.Easy.Show record to the Judge,among other circumstances.
3.Same Judge may/may not hear a petition u/s.482 Cr.P.C which you will hv to file for quashing FIR.It is the Roster decided by the CJ of any court which kind of cases could be allotted to which Judge.But there is absolutely nothing to worry.Go ahead. Listen to the Experts here & read them carefully.
"REAL NEVER CEASES TO BE SO & UNREAL NEVER BECOMES REAL"
Devajyoti Barman
(Expert) 12 November 2011
The court while dealing with the question on bail can not determine on the point of quashing the FIR.
