SEC.-482, QUASHING
Querist :
Anonymous
(Querist) 06 December 2009
This query is : Resolved
A SUED B FOR DEFAMATION UNDER SECTION 400-500 AND PROCEEDING IN LOWER COURT IS GOING.
B APPROACHED THE HIGH COURT FOR QUASHING THE COMPLAINT AND LOWER COURT PROCEEDINGS U/S 482.B IS A UNREGISTERED PROPRIETARY FIRM HAVING NO LICENSE TO DO FINANCE WORK. WHETHER AN UNREGISTERED PROPRIETARY FIRM HAVING NO LICENSE TO WORK CAN TAKE LEGAL ACTION U/S 482 FOR QUASHING UNDER SUCH A SITUATION ?
Kiran Kumar
(Expert) 06 December 2009
if B can be made accused in a particular case then how can u challenge his/ its right to approach High Court by way of quashing petition....after all u must ve made some one as a party(accused)....some director or representative or partner etc.
whosoever is the accused has every right to approach the appropriate court for appropriate purpose.
Guest
(Expert) 06 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawat@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE DEFAMATION CASE AND QUASHING THE SAME KINDLY NOTE THAT
1.A HAS FILED COMPLAINT AGAINST B U/S 500 OF I.P.C. FOR DEFAMATION.
2.B APPROACHED HIGH COURT FOR QUASHING THE SAID COMPLAINT UNDER SEC.482 OF C.R.P.C.
3.HIGH COURT WILL ISSUE NOTICE TO THE OTHER SIDE A. AND HEAR BOTH THE SIDES AND IN CASE NO SUFFICIENT EVIDENCE OR DOCUMENTS ARE FILED WITH COMPLAINT THEN HIGH COURT MAY QUASH SAID COMPLAINT PLEASE NOTE.
HENCE THE CONCERNED PARTIES MUST PROVE GENUINE PROOFS TO THE COURT AND THEN HIGH COURT WILL DECIDE THE MATTER.
KINDLY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT,M.COM.LL.B.(MUMBAI),ADVOCATE
