Regarding advice on filing an appeal in supreme court in criminal case

There was wrong FIR registered against my brother in 302 case at aligarh in 2013 in driver Murder. This FIR registered by driver brother and stated that at the time of murder driver was with my brother, which was totally false statement. After sometime my brother also got the clean chit from aligarh police station. But after 4 years one Investigation officer included mine brother and mine name and filed the charge sheet in Nov 2017. In this case earlier we have taken the stay order from aligarh high court and after charge sheet filed 482 application for Quashing CS. The High court orders that the the applicants appear before the court concerned within 30 days from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines / observations given in the judgment and order dated 3.7.2014 passed by this Court in Application U/S 482 Cr.P.C-. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another.So can we file app in sup court

Answers (4)

275 votes

Hi, In such case if you have been aggrieved by the order passed by Hon'ble High Court you can file Special Leave Petition (Criminal) before Hon'ble Apex Court. You can file the case before Hon'ble Supreme Court that there was clear abuse of process of the court and the Hon'ble High Court was not considered the same on merit and passed its order in a very casual manner.

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268 votes

Yes one can approach the Hon'ble Supreme Court within 90 days from the date of the order of High Court. As in your case the High Court had directed to appear before the Trial court within 30 days, you have to hurry in approaching the Supreme Court so that no adverse order is passed against you by the Trial court.

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296 votes

Hello sir,
In such cases apex court give a guide line to the high court to fellow the judgement of the munawwar and other vs.state of and case of lal kamlendra. Hence you need to surrender before trail court and get the bail. And opposing the false case you can file discharge application before the magistrate

179 votes

Yes you can file the special leave petition before honble apex court for quashing of the entire proceedings as well as impugned order passed by the honble high court. With special leave to appeal before honble apex court. However we need to go through entire record before advicing you for the same.

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