Where to contest quash

Querist : Anonymous (Querist) 26 August 2010 This query is : Resolved

Brief History
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1) 2005 498a in a Hyderabad Police station, not tried in court
2) 2006 498a in WPC Hyderabad ,not tried in court
3) 2008 DV
4) 2009 HC stay order for 2008/DV &
2006/498a.
4) 2009 DV withdrawn
5) 2010 498a in another ps.
6) 2010 Obtained anticipatory bail for
2010/498a.
7) 2010 getting tried in lower court,hearing possibly in sep-10.

Now question , in given above situation, where to put up quash case, lower court or high court?

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Devajyoti Barman (Expert) 26 August 2010
Only the High Court has got power to quash , not the lower court.

Sameer Sharma (Expert) 01 September 2010
You can file petition under Section 482 of the Code of Criminal Procedure in High Court for quashing of criminal complaint as well as the summoning order and the other consequential proceedings.

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