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Type of petition to be filed under certain ipc sections


09-Aug-2023 (In Criminal Law)
I was convicted in a false case u/s 323, 341, 506, 34 IPC from lower Courts in 2012 but I could not appeal due to tough circumstances. Now I wish to overturn conviction and wish to approach HIGh COurt to do the same. Two accused with me in similar FIR were released in 2013 by session court but I was living separately so only tow were released. What type of Petition do I have to make-- REview, Writ or abcd under what sections. I have strong case and FIR was false also but conviction is there and I could not invoke 482 CRPC before as conditions were bad for quashing of FIR. Now I guess Order has to be dealt with. Tell me options and what sections. I prefer CRL MC or REview if possible. and can I combine both review of order and its dismissal laong with quash of FIR. I wish to use 482 for both in one application and trying to press alos compensation on state. But conviction is priorty.
Answers (2)

Answer #1
514 votes
The period of limitation for filling an appeal or a revision to the High Court is over, so you've exhausted those two options You can file a petition u/s 482 of CrPC and by invoking the jurisdiction of the High Court the conviction can be set aside or the FIR be set aside
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Answer #2
794 votes
The quashing of FIR u/s 482 Cr.P.C.is almost impossible when both the offending and the complainant party are not present in the High Court to say that they do not want to pursue the case. Moreover this case has been decided by the Lower Court. Only the appeal is possible. The period of delay in filing appeal can be got condoned by filing a separate application for the same. The grounds for appeal can be found after seeing the case file and after discussing the matter with the accused. The chances of acquittal are however good due to the fact that one of the accused has been acquitted in the appeal. em.
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