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Writ petition in 482 when revision is going on session court


27-Aug-2023 (In Criminal Law)
I am facing a 498A case filed by my wife on me and my family members. Police has filed final report(closure report) but summon is issued by lower court to me and my family members. I filed revision in session court and request for stay on lower court's order. Session court has accepted the revision and it is going on. 1. Can I go to high court u/s 482 for quashing the criminal proceeding against family members only (excluding me). 2. Will High Court hear the petition in 482 and provide the relief OR High Court can not interfere till the revision is going on in session court.
Answers (4)

Answer #1
809 votes
Till the time the session court is seized of the matter, the High Court will not interfere. Moreover try to get the proceedings quashed/dropped as far as other family members are concerned from the Court below. If any order is passed against you, then the High Court is open
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Advocate Imran Ibrahim

Adv. Imran Ibrahim

LawRato Allahabad | 25+ Answers
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Answer #2
820 votes
Your family member can file a 482 petition at high court. As they are not party to the revision for filed before session court. Powers of revisional court is limited to the extent of testing the correctness and illegality of the order. 482 petition gives ample power the the high court. But it depends upon the facts and circumstances of the case. If the court has rejected the final report of police and then on the basis of the protest petition filed by complainant proceeded against u all. We have to see the order and discussion made into it.
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Advocate Anuuj Taandon

Adv. Anuuj Taandon

LawRatoLucknow | 25+ Answers
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Answer #3
965 votes
Namaskar Since your revision is going on you can not go to Highcourt under section section 482 for quashing the criminal proceedings..you have to wait till the judgement of session court .---------------------///-------------------------------------
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Advocate Lubna Ishrat

Adv. Lubna Ishrat

LawRatoNoida | 25+ Answers
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Answer #4
690 votes
Yes, You can move a petition in High Court U/s 482 of Cr.P.C. High Court can grant an order in your favor and acquittal the names of your family members from the proceedings. You can site the Land Mark case Preeti Gupta Vs. State Of Jharkhand.
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Advocate Anurag Garg

Adv. Anurag Garg

LawRatoGhaziabad | 5+ Answers
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