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Judge awrded cost of rs 50,000/- on my quashing petition

(Querist) 27 August 2014 This query is : Resolved 
Dear sir,
I have filed the quashing petition of chargesheet through my lawyer for 498-A case pending on me before High Court of state.The Hon'ble Judge asked me for compromise and offer meanwhile the counsel of the complainant has made wrong submissions that I have filed 5-6 petitions earlier which was dismissed..The Hon'ble Judge did not hear our contention that those petitions were related to different issues..(i.e quashing of FIR,summoning order of Domestic Violence, Transfer petition ete etc)..The Hon'ble Judge straight away award me cost of litigation rS 50,000 on me...In such situation what will be the remedy left... I have seen the previous orders of Hon'ble Judge who has awarded cost on petitioners on just filing the petition..is not way of discouraging the petitioners who has not remedy but only to approach the court??
Advocate. Arunagiri (Expert) 27 August 2014
You can go for appeal, in the appeal you have not narrate that those are all different petitions.
DEFENSE ADVOCATE.-firmaction@g (Expert) 27 August 2014
Extra fast litigants seek pliable advocates and accept advice to their way of thinking and so face such orders.

Before rushing to quash you should have read hundreds of citations of higher courts about quash . IT IS ALLOWED IN VERY RARE CASES AND THAT TOO DEPENDS ON EXTREME EXPERTISE.

There are many simpler methods to face the trial and come out of it at lower courts. Find out and follow them.
ajay sethi (Expert) 27 August 2014
agree with adv defence . it is always better to fight 498A cases before trial court rather than going in for quashing . HC imposed costs of Rs 50,000 on account of multiplicity of petitions filed by you . go in appeal if you are aggrieved but costs of appeal would be around same figure
Sourav Das (Expert) 27 August 2014
judge imposed cost on you as you have filed 5-6 quashing petitions.
if you did not, then move writ petition before high court.the order, imposing cost of rs 50000 itself is violating your statutory rights as well as fundamental rights.
Rajendra K Goyal (Expert) 27 August 2014
If not satisfied with the decision. may go for appeal. Better concentrate on the main case.


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