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(Guest)

Stay proceeding in quash in high court

Hi everyone, I am planning to file quash petition in high court in andra Pradesh.some lawyers is saying that discharge petition is best and some lawyers r saying that quash is best.I want stay proceding in case .

 

My wife gave 3 complaint in police station one on 19-5-14, another one on 16-9-14 with two different statement like that in one complaint no dowry asked by in laws even wife father forcing and nothing  about gold or something mention in her first complaint , in second complaint said that they demanded 1 core money and her jewellery with me with cost 1.5 crore .police illegally detained me more then 22 days once in first complain at from 17-5-14 to 31-5-14,second time 19-9-14 to 29-9-14 during second time police sent me to general hospital for medical examination on 21-9-2014 I have that certified copy. later police submitted  charge sheet in court as she gave first complain on 26-4-14 they did counselling on 26-5-14,1-5-14,10-5-14,12-5-14,18-5-14,21-5-14,31-5-14 and based  on second complaint they filled FIR and accused himself surroundered to police station on 29-9-14. during this period my parents applied for anticipatory bail in msj court nampalli for that police filled counter as A1 absconding since FIR fillied on 16-09-2014  actually i was detained in police station and now i got cc copy from court .later  I gave complaint in HRC about ilegal detention then HRC ordered local ACP for investigation in this case .ACP filled his report in human right commission i got that one .ACP mentioned in his report that she gave two complaint one on 19-5-2016,FIR on 16-9-14. after getting chargesheet under RTI ,later again i applied one more RTI that how could you perform councelling before her complaint ,for that police created one more complaint and  gave one more complaint which was given by her 26-04-2014 which is same as 19-05-2014 .i have everything like cc camera recording,mobile recording ,bus tickets for police constable and bank statement for bus tickets,police station general dairy,durty transport  everything . andra high court gave judgement on jan 17 of 2014 that crim revesion petetion 157/2014 ,gave direction to police people in 498a case and another judgement by supreme court in ARNESH KUMAR vs STATE OF BHIHAR.above both judgement court gave clear direction and everybodu knows about taht direction .here my concern is   1) She gave complaint on 19-5-14 but police did counselling on 26-4-14, 1-5-14,10-5-14,18-5-2014.is it possible?   2)  in chargesheet ,they did councelling on 18-05-2014 but how can Duty transport for constable issued on 19-5-14 for apprehension of councelling.   3)police sent to hospital for medical examination on 21-9-14 I have that certified copy but in charge sheet myself surrounded to police people on 29-9-14  is it possible. 4)in anticipatory bail for my parent,police filled counter as A1 absconded since FIR filled which take place on 26-9-2014.this is fact  

so what is possible of quash 

shall i get stay proceding while quash pending in court

1) how many days quash petition bench change in high court because present judge in quash is not giving stay order in quash petition as by some lawyers.

2) which one is best either discharge or quash( I have sufficient evidence and I want to remove remaining people from case) 

3)please give best advise in this case



Learning

 3 Replies

Sachin (N.A)     27 February 2017


(Guest)

What is the opinion of your counsel?

Kunuthur Srinivasa Reddy   01 April 2017

The Indian Courts have been very much over burdened due to long pendency of cases for over several years and it is humanly impossible for them to spend quality time to listen, examine the content and deliver justice. Therefore, I suggest you to represent in writing to the Police authority concerned to reinvestigate the case thoroughly threadbare to render justice. Also, even the Department of Police is severly burdened with bales of cases under 498a to investigate and to cause disposal. Many a time, the Police department to lessen their buden of ever growing 498a cases, file FIR in the criminal courts where the cases would not get resolved in less than a decade. Therefore, legal reforms are urgently required in India to cause expeditious justice. 


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