quash petition karnataka high court

631 votes

when rhe case ia filed usually there will be scrutiny if objections are there it has to be complied later it will come before court and charge sheet if filed it will be dispose if not there will be call for objections as soon as u file u get number of ur case. probably it may not be filed. ask ur advocate

Advocate Nagesh B L LawRato

736 votes

Dear Sir,
Your advocate has to comply the following:
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INFORMATION TO ADVOCATES/PARTIES/PETITIONERS WITH
REGARD TO POINTS THAT WOULD BE VERIFIED IN SCRUTINY
OF CRIMINAL PETITION U/S 482/407 OF CR.P.C.
1. Whether in Memorandum of Criminal Petition correct
Provision of Law has been mentioned (Section 482 for
quashing or Section 407 for transfer the case etc.,) as
per Chapter VI of Karnataka High Court Rules?
2. Whether Name of the Courts before which the petitioner
has earlier approached find a place in the cause title
with the case number? (As per Memo No. R(J)46/11, dated:
2.12.11.)
3. Whether Rank of the parties before the trial Court has
been mentioned in the cause title of the petition?
(As per Memo No. R(J)46/11, dated:2.12.11.)
4. Whether Criminal Petition contains name and full address
for Service in the aggrieved para? (chapter VI of
Karnataka High Court Rules.)
5. Whether Criminal Petition contains detailed facts,
grounds and prayer? (As per Chapter VI of Karnataka High
court Rules).
6. Whether the following averment has been stated in
petition? “No other case has been filed or pending before
this Hon’ble High Court or any other Court seeking the
relief sought in the Petition.” (Memo No.R(J) 46/11
dated:2.12.11.)
7. Whether Criminal Petition is dated and signed by the
Advocate?(Chapter VI of Karnataka High court Rules.)
8. (a) Whether prayer in the Petition is for setting
aside/quashing/directions or for modification or
transfer?
i) Whether date of order, Case No. and Lower Court Name
are mentioned properly in prayer part of Memorandum
of the Petition.
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OR
(b) In case the petition is for quashing FIR or Charge
sheet, complaint or Order passed in the PCR:
i) Whether case No., date of the document, Name of
Police Station, Offences, Name of the Court are
mentioned?
ii) If complainant is a Private party, Whether
Original complainant is made party?
9. Whether Certified Copy of the order proceedings/
FIR/Complaint or PCR/Charge Sheet which are sought to be
quashed are placed in the Petition? SL.NO.3 of R(J) Memo
No.46/11 dated:2.12.11)
10. Whether Copies of order/FIR/Complaint or PCR/charge sheet
and relevant papers/ documents are neat and legible or
need replacement? Name such documents requiring
replacement, if any. (Rule 2 of Chapter XII of Karnataka
High Court Rules, Memo No.HCE 734/01 dated:30.6.2001).
11. i) Whether names, age and address of the Petitioner/s
and Respondent/s are stated in the cause title in
full? and do they tally with those in the
order/Judgment of the court below, FIR, Complaint or
PCR and charge sheet?
ii) Whether any of the party claims Senior Citizenship
benefit. If yes, Age proof to be furnished?
iii) Whether Pin Code is mentioned in the Address of
parties? (As per Circular 78/12 dated:10.8.12)
12. Whether Vakalath is filed? (Chapter V of Karnataka High
Court Rules, and Circular 3/97 dated:26.3.97)
i. Whether AWF Stamp of Rs.10/-is affixed? (Circular
NO.RPS 45/05 dated:18.5.05)
ii. Whether Advocate’s Signature with Enrollment No. is
mentioned? (Notification HCK 5/2000 dated:24.8.01.)
iii. Whether Signature of all Petitioner/s is mentioned?
(Rule 1 of Chapter V of the Karnataka High Court
Rules).
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iv. Whether Date of execution, place of acceptance with
date is mentioned?
(Chapter V of the Karnataka High Court Rules).
v. Whether Executant’s signature is attested by the
Advocate?
(Rule 7 of Chapter V of the Karnataka High Court
Rules).
vi. Whether e-mail address and cell phone number is
mentioned?
OR
Whether Memo of Appearance is filed? (Chapter V of
Karnataka High Court Rules 1959).
i) Whether Advocate’s Signature with Roll No. and
Address is mentioned? (Notification HCK 5/2000
dated:24.8.2001).
ii) Whether Rank of Party and also the reason for filing
the Memo of Appearance on behalf of the party
instead of filing vakalath has been mentioned?
iii) Whether AWF stamp of Rs.10/- is affixed? (Circular
No.RPS 45/05 dated:18.5.2005).
iv) Whether e-mail address and cell phone number is
mentioned?
13. Whether IA for stay is filed with Affidavit or Memorandum
of Facts? (Chapter X Rule 2 Karnataka High Court Rules.)
14. Whether AWF stamp of Rs.5/- is affixed on the IA?
(Circular No.RPS 45/05 dated:18.5.2005)
15. Whether IA is signed by the Advocate?(Rule 3 of Chapter X
of Karnataka High Court Rules)
16. Whether correct Provision of Law is mentioned? (Rule 3
of Chapter X of Karnataka High Court Rules)
17. Whether prayer is proper and Specific?(Proper date of
order, Case No. Court name to be mentioned) (Chapter X of
Karnataka High Court Rules.)
18. Whether Affidavit/Memorandum of facts is sworn to
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before competent Authority with address, serial No. of
Attestation?
(As per General Circular No.7/97, dated 26.5.97)
19. Whether Advocate’s Names are mentioned below their
Signatures in Petition, Vakalath ect.,
(Circular No.HCE 94/2001 dated:13.8.2002)
20. Whether Papers are properly paginated stitched and
Indexed with particulars of each document is filed for
(Rule 2 of chapter XII of Karnataka High Court Rules).
21. Whether Index is signed and dated?
(Rule 2 of Chapter XII of Karnataka High Court Rules)
22. If State Govt. made party, Whether SPP Copy Served?
(Circular NO.HCE/727/94, dated:20.7.1998)
23. Any other defects
EXAMINER SECTION OFFICER ASSISTANT REGISTRAR

Advocate Kishan Dutt Kalaskar LawRato