Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Chandra Prakash (Sr. Engr)     05 September 2012

498a/406 quash before charge framing on jurisdiction

Dear Sir,

My wife filled case U/s 498A, 406 and 34 against Myself , Mediator and my parents in the court of Chief Judicial magistate, Jamshedpur. All the alegation made by her complaint are outside of Jamshedpur jurisdiction except that Myself and mediator visited to her house in jamshedpur and harassed her and bitted to her father on dated 27.06.2009. But I was in duty from 25.06.12 to 30.06.2009 in mumbai as per letter issued by my company HR. Company is reputed and MNC.

On that basis I moved to Jharkhand high court  for quashing before charge framing . But my application has been rejected at initial stage.

Lower court have been ordered to appear for charge framing on 21st september 2012

There are chance to get relief If I will move to supreme court ?

Please advise me what should be my next action to delay the matter or get relief

Thanks and Regards,

Chandra Prakash



Learning

 5 Replies


(Guest)

Nothing conclusive can be said without perusing the FIR/complaint made by the wife as the SC will exercise its power under Article 142 of the Constitution for doing complete justice only if a mala fide intent is writ large in the allegations mentioned in the FIR/complaint.


Having said this, if you have documents supporting your presence outside the city during the period when the alleged incident took place, the order of the Jharkhand HC is prima facie unsustainable in law.

 

Ashish Davessar

Supreme Court of India

Punjab and Haryana High Court

1 Like

sibasish pattanayak (lawyer)     05 September 2012

Chandra Prakash Ji,

  when The Honourable High Court rejected your quashing petition and trial court fixed up a date for framing of charge on 21/9/12, it wd be better to move an application u/s. 239 of cr.p.c. before the trial court , seriously with all documents/evidence. if trial court reject your case then u may move before the high court, then supreme court.

egards,

sibasish pattanayak,

                 advocate,

sibasish_adv@yahoo.co.in

09874854594.

kishor Talepa (law officer)     05 September 2012

you want to qushed the trial but your submision made in question i think you cannot get relif from supream court because your matter had been dissmised by high court and matter was not solved by arbitator two stage you not got relief it,s seem that allegation made against you are serious and it is not easy for you i think if you are realy innocent the face trial and trial court will decalered you accutal  


(Guest)

Mere dismissal of the quash petition by the HC would not preclude the SC from exercising it jurisdiction. There have been umpteen cases where the SC exercised its jusrisdiction and remedied the abuse of process of law even though the HC did not do so. It all depends on the facts and circumstances of the case.

1 Like

kvss.prabhakar rao (Advocate )     06 September 2012

You can file SLP before supreme court try at onece you may avail such facility


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