Writ petition

service

Hi All

I have some queries:

1. what is the difference between writ of mandamus & crpc 482 quash petition

2. can a petitioner file writ of mandamus in supreme court against inaction of high court on a 482 quash petition for more than a year?

The quash petition satisfies all the conditions in which high court has powers to quash. But the petition has not been heard by HC for more than a year & whenever it will be heard, a new date will be given since the respondent or their lawyer has stopped  attending the hearing.

Any thoughts will be greatly appreciated.

 

 
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Retired employee.

When the issue is already in the safe hands of an advocate who is an expert on such facts, trust on his abilities and always speak to him instead of disturbing your thoughts with apprehensions and doubts created by others or their guidance without knowledge of full facts.

 
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Advocate

What are the facts? What is the issue?

 
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service

false case filed by wife against husband. The trail has not started for more a year since neither the complainant nor state has come forward to give evidence against the accused.

Quash petition is also not moving since dates are given and matter is not heard. Early hearing petition was dismissed.

The complainant & their lawyer are not coming to both the courts on the dates. 

The only interested party is the accused who attend all dates and no hearing happens.

Lawyers for accused tell him to forget the case and enjoy life. 

Any advice to close the matter would be appreciated.

 

 
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Advocate

"Quash petition is also not moving since dates are given and matter is not heard. Early hearing petition was dismissed." Where is the quash petition pending? Has any stay been granted?

 What is the stage of the trial? Has summons been issued to the witnesses?

Anyhow, it is not necessary that the accused be present on all the dates. Your advocate can apply.

 
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service

quash petition is pending in chandigarh high court. Matter is at arguments stage & has not been heard for more than a year. Court gives long dates & matter is not heard on the given date since judge goes away before all matters are heard. No stay has been asked for or granted.

Trial is at prosecution stage for more than a year. Summons were issued & served but the witnesses have not come to court. Warrants have been issued but not enforced.

Accused wants the case to move forward.

 
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Advocate

Unfortunately, this is the state of affairs that prevails. In my understanding, the only option is to seek a stay from the High Court till the quash petition is disposed of.

 
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service

thanks for your response. I guess I will have to wait.

I do not want a stay on trial court proceedings. I would rather push the trial court to enforce warrants so that the prosecutuon witnesses are forced to appear in court.

 
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Advocate

If so, sunsure that NBW is issued. It would be advantageous if the execution of the warrant is pursued with the concerned Police Station.

 
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service

Thanks. I will pursue that.

The court order clearly says "let non-bailable warrant be issued against PW-1".

 
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