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498aFighter (Analyst)     06 January 2011

Is it possible to apply for AB directly in SC?

Hi,

 

I just want to know that is it possible to apply for AB directly in SC without applying it in any lower courts?

 

Regards!!!


 



Learning

 9 Replies


(Guest)

As per S.438 Cr.P.C. it is not possible.


(Guest)

no it can not be possible to get AB directly from Apex Court. if your AB appln rejected in Session Court and High Court then you can approach to SC for Ab

Saurabh..V (Law Consultant)     07 January 2011

BREIFLY AND PERFECTLY ANSWERED ALREADY..

 

Still to add on, the clear language of S.438CrPC says AB could be taken from High Court or Sessions Court. Supreme Court would only be a court of appeal as against miscarriage of justice or if the decision of the below two courts brings apathy to the law.

 

 

//peace

/Saurabh.V

Atuliya (Student)     12 January 2011

I differ slightly. The only reason it is not prefered to go the SC directly is you have no option to appeal after that.

Therefore it is advisable to go the lower courts. BTW why is it that you fear the lower court would not grant you the AB?

Avnish Kaur (Consultant)     12 January 2011

DO u belong to U.P. (Ulta Pradesh) where AB is not availiable?

498aFighter (Analyst)     19 January 2011

Yes Avnish, you guessed it right I belong to UP and want to take AB from SC before filing divorce petition, because as soon as I will file DIV she will file all that bull sh*t . So want to procure AB from SC for whole of my family even UP High Court gives Arrest Stay.

 

However that arrest stay won't work in my case as my FIL is very well politically connected and my BIL is DSP. So it is for sure that they will rush police to my home immediately after filing FIR against me and I will get no time to reach Allahabad HC.

 

So here is what I planned-

 

1) I will file AB in Delhi Session Court (as I reside in Delhi) as a very weak case so that it gets rejected there.

 

2) Same with Delhi HC

 

3) Then finally approach SC with very strong case with all evidences and facts.

 

Please let me know if that will work.

 

Regards!!!!!

Avnish Kaur (Consultant)     19 January 2011

APPLY FOR AB IN UP COURT AND GET IT REJRECTED. GO TO SC AND try to get case posted in front on m. katju , he will ONCE agAin send a notice to up govt for AB., and decide ur ab matter ALSO .

SC is tired of ulta pradesh ABs , specially 498a ones, but mayanagri mai kuch nahi hilta. there they want not to start AB to get political rivals arrested in fake cases.truly ULTA PRADESH.

1 Like

Avnish Kaur (Consultant)     19 January 2011

BUT ONE IMP THING, file divorce first, pm me i will tell u the way roundabout.

Arup (UNEMPLOYED)     20 January 2011

very appriciable guidence by ms kaur.

one thing i want to tell that,

" 1) I will file AB in Delhi Session Court (as I reside in Delhi) as a very weak case so that it gets rejected there.

3) Then finally approach SC with very strong case with all evidences and facts."

what ever you put before the high court, that will be taken into account by sc, no new matter will be considered.


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