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Siv (engineer)     28 February 2012

Quash and writ petition on same matter in two high courts

Hi All,

 

In a 498A case accused filed Quash petition (U/s 482 CrPC) in AP High Court (APHC) saying that the investigation is done in AP whereas the offense allegedly happened in Karnataka and prayed for Qushing the proeeding in the magistrate court.

 

Mean while accused came to know that even after qushing the proceedings in magistrate court, accused approched the Karnataka High Court (KSHC) with Writ Petition (article 226(2) invoked) seeking transfer of complaint from AP to Karnataka.

 

Which petition is maintainable and should accused with draw the quash petition in APHC ?

 

Does Writ in KSHC is maintainable while quash petition in APHC is pending ...?



Learning

 11 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

:-)

 

The accused is a very worried man.

 

If the case was to quash, then there was no need of transfer.

 

Also when the transfer has to happen between two HCs, only SC is empowered to do so.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Siv (engineer)     28 February 2012

Dear Shonee Sir,

 

Below citations say that High Courts also has the power (Under Article 226(2)) if the investigation  and charge sheet filed in court is illegal on the ground of territorial jurisdiction.  

a.   The decision of the Hon’ble Apex Court in the case of Navinchandra N Majithia Vs. State of Maharashtra & Ors., as reported in (2000) 7 SCC, 640.

b.   The decision of the Hon’ble Apex Court in the case of Sarvinder Kaur Vs. State ( Govt. of NCT of Delhi), as reported in (1999)8 SCC 728

c.    The decision of the Hon’ble Patna High Court in case of CRIMINAL WRIT JURISDICTION CASE No.45 OF 2008 (An application under Article 226 & 227 of the Constitution of India)

 The main concern is that can the accused party seek different reliefs from different High Courts on the same matter ....

 

Will respondent of the Writ ask the KSHC saying that Writ may be dismissed being the prayer of writ can be made in APHC as part of the 482 CrPC quash petition.

Siv (engineer)     28 February 2012

Dear Shonee Sir,

 

Your point also correct that only SC has the power to transfer the criminal cases from one state to another state but in those circumstances the criminal cases should have violated any procedure in law.

 

This point is described in the first citation of the above post....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

Has the Patna case not being challanged?

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Siv (engineer)     29 February 2012

Dear Shonee Sir,

 

Patna case is challenged in Supreme Court but the Supreme Court dismissed the challenge against the HC order...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

Hmmmm, I was not aware about the same.

 

What I heard that the same was challanged.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Siv (engineer)     29 March 2012

The challenge in Suprme Court is dismissed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012

OHK

N K Jain (.Asso. prof. Mathematics)     04 October 2012

Dear sir

My son in being dragged in metropotional court, in498acase  Bangalore by his wife since 1.5years . The work sheet state  first date is14.6..2011 .,she has attended on 30.04.12 and on 03.10.12 . My son wants to file writ petition in High court of Bangalore for speedy justice How can it be possible. Will the case be tranfer to High court .Divorce case is going to be in the last stage..Evidence of Mental cruelty is proved in the child custody case. Kindly help. Regards Dr N k Jain


Attached File : 526108764 grievances of 498a case.doc downloaded: 133 times

Siv (engineer)     04 October 2012

Hi,

 

Let me know what help you need in point wise, I may help you.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     17 June 2014

I need 226 Application sample against police contempt or otherwsie a simple 226 format which can be filed against police.

1 Like

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