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helpnre (rfrfr4r32)     25 November 2009

NO FIR ..NO QUASH ?

There is a direct /private compalint in lower court of Gujarat ,

So far there is no fir no chargesheet , Is it compulsory to have a fir and chargesheet ?

IF there is no fir and chargesheet , what are basis on which Supreme court and quash a case ? the HC dismmissed my quash appeal on jurisdisction.



 5 Replies

Kiran Kumar (Lawyer)     26 November 2009

pls tell us how the HC found the jurisdictional error with your petition?

 

have u recieved the summons in the complaint or not?

helpnre (rfrfr4r32)     26 November 2009

As per the judge , as i am currently staying out of india, the girl has the right to file a case from her parental home .even if no instance has occured there.

we got married in mumbai and then stayed out of india , after 1 year she filed a 498a compliant directly in lower court without any fir .

So what steps can i take that the SC can quash the comaplint of 498a

 

helpnre (rfrfr4r32)     29 November 2009

i still await your feedback:

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There is a direct /private compalint in lower court of Gujarat ,

So far there is no fir no chargesheet , Is it compulsory to have a fir and chargesheet ?

IF there is no fir and chargesheet , what are basis on which Supreme court and quash a case ? the HC dismmissed my quash appeal on jurisdisction.

should i wait for a chargesheet to be filed  ?? this may take a long time as i have limited time to file in SC if i am not mistaken.

 

 

K. Rajendra Prakash (Advocate)     02 December 2009

How the Hon'ble HC found the jurisdictional error?

helpnre (rfrfr4r32)     03 December 2009

As per the judge , as i am currently staying out of india, the girl has the right to file a case from her parental home .even if no instance has occured there.


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