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Can writ of 226 & 227 be filed at HC that has territorial jurisdiction
28-Dec-2023 (In Criminal Law)
I have been implicated in false and fabricated 498A case the FIR has false and fabricated incidents that allegedly occurred at my hometown(A) and my wife native place(B) .The FIR was registered in B where she resides. A charge sheet has been now presented with no substantive findings at local court in B. 1. Now what remedy is better to file a petition under section 482 in HC or file a writ under section 226 and 227 read with sec 482 saying that my fundamentals rights were breached and wrong has ensued on me on account of such false charges. In which of these either quashing is possible by HC 2. Can a writ of 226 and 227 be filed at HC that has territorial jurisdiction over A
Once the FIR gets registered then you can file all proceedings only in the court in whose jurisdiction the FIR is pending. Thus, High Court at A cannot pass any order in respect of FIR at B.
Secondly, once charge sheet stands filed, you can seek quashing u/s 482 before the HC at B only. 226 lies before filing of charge sheet.
Secondly, once charge sheet stands filed, you can seek quashing u/s 482 before the HC at B only. 226 lies before filing of charge sheet.
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Adv. Anshul Mittal
Delhi | 25+ Answers
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Writ cannot be filed at place A. You should go for 482 crpc at place B high court for quashing of the case. In the above-said matter you will have to show that the said case is nothing but abuse of process of law as the allegations are false and baseless.
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Adv. Nidhi Dalal
Delhi | 25+ Answers
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You may approach the concerned High court for quashing of FIR under section 482 cr.pc
You may file suit agaist the false and malicious case institued against you. You may also go for divorce on this ground.
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You may file suit agaist the false and malicious case institued against you. You may also go for divorce on this ground.
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Adv. Lalit Kumar Sharma
Delhi | 100+ Answers
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You will file a writ petition under section 482 of cr.p.c. Under section 482 cr.p.c, you may challenge the territorial jurisdiction. After charge sheet filling, remedy under 482 of cr.p.c. is appropriate.
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Adv. Vikash Kumar
Delhi | 25+ Answers
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You should be very much sure regarding quashing of your FIR as well as case is under section 482 CrPC Oru under article 226 and 227 constitution of India that there are merits in your FIR as well as chargesheet until there are no merits and your case the question regarding quashing of FIR as well as cases will be difficult for you so I advise you to kindly consult advocate before coming to any conclusion
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Adv. Siddharth Dev
Delhi | 200+ Answers
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