High court is not hearing the case over 8 month.

5 years ago

I have filed a petition under 482 of CrPC to quash or set aside the charges against me on 30.01.2018.
The high court admit my petition and directed to the CBI to file counter affidavit with in four weeks. But CBI has not file counter affidavit and it is still pending . That after 30.01.18 the cas has been listed once in 17.05.18 but not heard by hobble court. After that two listing application has been filed and case listed on 31.07.18 and 24.08.18 but it is neither admitted not heard by court.
Being a innocent I am very depressed because advance bail may not taken in u.p.. kindly advice me what can I do in such circumstances sothat I can obtain justice. And what ground should be raised in listing application. I'll very thankful to you.

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ROBERT D ROZARIO

Responded 5 years ago

A.Since CBI has not yet file counter affidavit, contempt is maintainable but it is advisable to go by the advice of your conducting advocate. For listing your matter for hearing, mention the matter before the concerned bench and request for the matter to be listed for urgent hearing. If you can show the urgency which you have in your case the high court would certainly list the matter for hearing.

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Mayank Sharma

Replied 5 years ago

"Content" under which provision

ROBERT D ROZARIO

Replied 5 years ago

"Urgent Hearing"

Anurag Bhatt

Responded 5 years ago

A.You may file a expedite application before court or your council will try to get an early date then mention it better if you contact us.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client you may believe on judiciary. We need to check out your all case file and after reading facts there could be proper opinion will overcome.kindly visit to experienced lawyer through vidhikarya

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
It is better to seek interim order in the High court itself restraining the police from arresting you, it has vast discretionary powers under section 482.

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Mayank Sharma

Replied 5 years ago

But High court not hearing my case. About 8 month has been left.

Johnson Thangiah

Responded 5 years ago

A.You can insist stay till the disposal of the case.

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Mayank Sharma

Replied 5 years ago

But High court is not hearing after 30.01.18 you can see case no. 383 of 2018 at Lucknow bench

Johnson Thangiah

Replied 5 years ago

Sir,
No problem you can send your writ petition copy to me and i have some advocate friends at Lucknow.I have many legal advocate friends at all parts of india.In Namakkal matter still i am positive and share the fee also.If you are interested kindly make call.

Johnson Thangiah

Replied 5 years ago

Sir,
It was wrongly typed.

Ashutosh & Co

Responded 5 years ago

A.Now advance bail is applicabel in u.p rest for ur qurey regarding ur 482 quashing we have to see ur complete file and mean while u can approach to court stay the arest till disposal of the case

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Mayank Sharma

Replied 5 years ago

Kindly provide ruling.

Anurag Bhatt

Responded 5 years ago

A.Dear sir,
I would like to examine your documents first just because in 482 Cr.P.C. you may challenge the Charge Sheet which was filed by the CBI or IO but due to delay still have not get any detailed order in the same 482 Cr.P.C. Application that means cognizance has been taken place and framing of charges initiated so now come to the point you want protection at this stage for that you may file second 482 Cr.P.C with different prayer where you may move 216 Cr.P.C Application and once it's rejected by the sub ordinate court then challenge it and have some more options.

Regards
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

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Mayank Sharma

Replied 5 years ago

Cognigence has been taken but framing of charge stage still pending. I have filed 482 after summoning order.

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