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.
ROBERT D ROZARIO
Responded 5 years ago
Anurag Bhatt
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
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.
Johnson Thangiah
Responded 5 years ago
Ashutosh & Co
Responded 5 years ago
Anurag Bhatt
Responded 5 years ago
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