LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

harassed husband (def)     09 December 2011

Relief at hc

Dear Members,


Refer Decisions of HC dismissing the quashing petition of husband  for case u/s 498a 323 504 506 DP 3/4. HC routinely refers such cases back to trial court stating that it is not a fit court to go into the details of the compliant.They however direct for bail on same day referring Amravati & Lala Kamlendra cases.

The accused does not want to contest in the trail court as his life is in danger. Is there any relief which he can seek from High court? Like moving TP..etc



 5 Replies

Sanjeev (Lawyer)     09 December 2011

You ask this question many times but the answer is trial cannot be avoided. HC cant quash cases as primae facie it doesnt appear false and no decision can be made regarding quashing unless the evidences and witnesses of the complainant are heard. Everyone would want to fight the cases in HC and Supreme court but this is not the way it works it starts from the lowest level (Trial court) and then to the higher courts.

TP usually dont work as that would also need to be backed by some grounds ....if you file TP in HC it will again refer the case to mediation then again it would fail and then again HC will send back the case.

You can just gain 1-2 years by applying Quashing or TP in HC but ultimately it will reach the Trial court.

Dharmesh Manjeshwar (Advocate/Lawyer)     09 December 2011

Sanjeev has advised u rightly .... i agree with him ...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 December 2011

Sanjeev is right.


However, there might be a chance of success on TP/ Quash. It is whether you want to take the chance.



Shonee Kapoor
1 Like

harassed husband (def)     10 December 2011


Agree with you that HC donot look into the case and prima facie if no offense is ruled out then it refers back to Trail court which is inevitable.

However if the offences cited happen to fall outside the territorial jurisdiction and with no FIR/Chargesheet Ld ACJM takes cognizance and issues NBWs without waiting fot the service orders of the BWs then contesting in such trial court will gurantee the accused of a fair trail??

How can he convince the witness to go 1000 kms away during examination-cross*xam.?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 December 2011



Issuance of NBW has to be challanged seperately than issuing of process in the complaint.



Shonee Kapoor

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register