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Querist : Anonymous (Querist) 06 December 2010 This query is : Resolved
i filed a civil case .the opposite party filed a writ petition against the police that they wern't doing their job correctly n got an order for investigation against us.ther r many conflicting statements in the reply ,writ petition ,and in the FIR done by him.what is the best way of dealing wid this kind of a situation.plz suggest.

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adv. rajeev ( rajoo ) (Expert) 06 December 2010
Civil is different criminal case is different. Why don't you go for quashing of FIR in the high court.

s.subramanian (Expert) 06 December 2010
yes. That is the best solution

Uma parameswaran (Expert) 06 December 2010
File a petition in the existing Writ petition .

Khaleel Ahmed (Expert) 06 December 2010
Need not necessary to file a writ petition as the High court already directed the police to go through the matter. You are advised to hire the services of you experienced criminal lawyer to defend your criminal case.

N.K.Assumi (Expert) 06 December 2010
I am of the view that Uma has given the right suggestions.

H. S. Thukral (Expert) 06 December 2010
Was the writ petition of the OP heard in your absence? If you appeared before the HC why you did not then bring the contradictory pleadings of OP to the notice of the court?

If the orders were passed ex-parte, file a writ for quashing the same and if the same were after hearing you, file an appeal or defend the criminal trial.

Kirti Kar Tripathi (Expert) 07 December 2010
Yes, I agree with Uma & Thakural, you file counter stating the factual position and also move application for vacation/modification of order already passed.