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Usernamess (Service)     02 November 2014

Quash and transfer application ( in one application)

My wife has filed in Delhi  498a/406/34 via FIR in July 2013 after 15 months of separation.  .  The cause of action had arisen in Pune

 

I have approached the high court  under 482 provisions with the below prayers.

1. Quash  of FIR based on jurisdiction 

2. Transfer of investigation based on jurisdiction.

The high court has dismissed prayer 1 .  For prayer 2 high court has asked for submit  synopsis of case.

MY Query
can i proceed to supreme court against the order of high court for part 1 above. 



 9 Replies

Usernamess (Service)     03 November 2014

any suggestions ...........

AS   03 November 2014

1. Quash  of FIR based on jurisdiction  --- As High court has denied , It is your wish to move to supreme court or not. 

Basically Its tough to Quash , but it is easy to fight and get acquittal , As case will be false.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 November 2014

Quashing is not easy. I depends on legal grounds, prima facies and evidences a I have mentioned in my links bellow.

 

synopsis - is the circumstantial evidence (List of dates and events) my which you have to justify the reason of transfer.

 

You should make a third prayer also, that is, Speedy Trial and to direct the JM to dispose of the matter within 6 months.

 

Appealing in SC at this stage is simply worst of time and money at this stage.

 

Please appear in-person (Without Advocate) and submit the synopsis with the said third prayer.

Argue properly and win.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2014

Now the territorial jurisdiction is decided in the lights of Sunita Kumari Vs State of Bihar case. As the HC has decided to dismiss prayer 1. You may file the synopsis and wait for the outcome or straightaway move SC.

 

Regards,

Sudhir Kumar (Retd Govt Officer)     26 November 2014

where marriage took place?

where you resided togather last?

where she is residing after separating from you?

BHUWAN RAJ 09839268489 (lawyer)     27 November 2014

Yes u can very well challenge the order in supreme court by filing a slp(crl) in supreme court.

Also mail me the order of high court to give u proper opinion regarding the fate of slp in supreme court, if filed.

 

Regards

Bhuwan Raj

Adv.

Cell : 09839268489

Mail id : bhuwanraj@gmail.com

BHUWAN RAJ 09839268489 (lawyer)     27 November 2014

For transfer of case to your state,u can straightaway file a transfer petition in supreme court under section 406 Cr.P.C. .

 

Regards

Bhuwan Raj, Adv

Cell : 09839268489

Usernamess (Service)     29 November 2014

Dear Mr Sudhir Kumar

where marriage took place?   -- indore

where you resided togather last?  pune

where she is residing after separating from you? Delhi

 

 

Usernamess (Service)     29 November 2014

Dear Bhuwan,

I have sent you the orders on your email. Please advice.


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