Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Power of high court u/s 482

(Querist) 04 August 2013 This query is : Resolved 
Sir i had filed 3 criminal application u/s 482 so far in the last 10 months in the bombay high court for getting RELIEFS AND TO GET REGISTER f i r AGINST THE RESPONDENT. bUT ALL THE THREE WERE DISPOSED . however the third did stated in its order to the sessions court to epidiosly take up the case,and stating that the grievance of the Applicant is that he want FIR to be registered. since my life is in danger. however the sessions court had not taken it seriously. there was vacation for one month. new judge came who told me to send notice to the respondent. affidavit of service was made. but the accused did not turn up in the court. The sessions crt judge told me that the court will now send the notice to the respondent. Now again after 25 days the respondent did not came up in the court. now the judge is telling me that the report of the polce had not come so 31 august 2013. date is given. And i know even on that date nothing is going to happen. My qs is that i am again filing Crminal application under section 482 the fourth one . So does the court do have inherent powers vested in its u/s 482 to register an F I R. is it so.sice my life is in danger.
Devajyoti Barman (Expert) 05 August 2013
You should have file Writ petition under Article 226 of crpc.
Section 482 deals with power of court not about power of investing agency.
Raj Kumar Makkad (Expert) 05 August 2013
I endorse the advice of Barman.
Rajendra K Goyal (Expert) 05 August 2013
Agree, nothing more to add.
Amit (Querist) 05 August 2013
i had already filed 6 writ petitions in the bombay high court so far in the last 3 years. which were disposed.
Amit (Querist) 05 August 2013
now its already fourth yr in the bombay high court. the accused has very high profile contacts and so the police is not registering any FIR so far and even my all 6 writ petitions were disposed off.the high court is telling me to file private complain which i had already filed . first 15 months in the lower court which was disposed off and now 4 months in the sessions court.
Raj solanki (Expert) 05 August 2013
i have also filed 2 petition in bombay high court but the same result disposed.
Devajyoti Barman (Expert) 06 August 2013
Without seeing the orders it is difficult to advise anymore.
M V Gupta (Expert) 08 August 2013
You may have to follow up with the Police. Consider meeting the Police commissioner and report that the local Police are not taking any action and request him to direct the local Police to investigate and submit the report to the Sessions Court by 31-08-2013 as directed by the Court.
Devajyoti Barman (Expert) 11 August 2013
show the papers to your advocate for proper advice.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :