If an fir has been lodged against you too then you should have filed the petition as you didn't come to India and moreover this is a civil matter. You should be made a party and the court shall grant you the appropriate relief.
Regards
Name inclusion in writ petition for criminal case quashing
I have a shop alloted by Cantonment in Pune to my uncle in 1984 ,who later transferred to my late father in 1991. I have letter of 1991 Cantonment memtioning my father as alottee. Later 4 years ago the Cantonment send us letter saying that the shop was alloted to my uncle and thet dont have any proof of my fathers tenancy holdership . They tried to transfer allotee name ti my uncles son name for which we filed a case in court . The ciurt gave stay order for tramsfer. In mean time unckes son filed a criminal case against my mom ,me and brother about deceitful entering my moms name in light meter and shop act. My mom filed writ petition to quash criminal case as it is a civil dispute . The case is on board of mumbai high court . Can i add my name in the case at this stage ? If my mom petition is granted ,is it applicable to me? I want to come to India for last two years ,but cant bevause of fear of cops not allowung me to leave India if granted bail.
Asked 6 years ago in Criminal Law
Religion: Hindu
12 Answers
You have to file separate case for quashing in Bombay high court
2) mother petition if allowed would not be applicable to your case
3) you must come down to India and contest false case on merits
See you can file separate petition on same ground and then same can tagged along the main matter .
Yes court may decide your application along your mother's in this case.
See you can with permission of court can travel back though if the case is at final stage wait for some time.
FIR is filed agsisnt all so all should be petitioners otherwise, FIR will quash for mother only.
Also add ground in petition, transfer is not illegal since allotment letter is in father's name and being legal heir, transfer duly done. Apply for anticipatory bail, than no arrest.
1. Since the criminal case has been filed against you also, you are required to come and attend to the hearings of the said case.
2. Your name should be added in all cases which have been filed by your mother and brother.
3. It is not known what has been prayed in your Mom's petition. If it is for quashing the FIR, then the entire FIR will be quashed. The Judge might remove only your mother's name from the FIR if you are not a party to the petition.
4. In the above circumstances, you might have to file the quash petition for yourself.
5. You can travel out of India if bail is granted withpout any condition. Moreover, you can take leave from the Court top travel to the Country where you are employed for your livelihood.
Since ther is a criminal case pending against you it is advisable that you dont return to India even for obtaining anticipatory bail.
Once you are here in India you may not be able to return to your country of employment and your career or future will be spoiled due to this.
your name as one of the petitioners should have been included at that time initiating that writ petition and it cannot be included at this stage.
1. Only the Petitioner (applicant) would be provided relief by Court and NOT yourself. Nothing is automatic or by default.
2. You will not be able to add your name in Mother's petition at this stage in HC. You will have to move a separate petition (which should have been originally done).
3. Once HC grants relief, THEN Police CANNOT interfere, in any manner whatsoever, TILL the interim order is effective or quashing of criminal case.
file separate case for quashing.
Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India.
1. You have to file a separate petition for quashing of FIR in the High Court.
2. If the case is quashed against your mother it will not result in quashing of FIR against you.
3. You should obtain anticipatory bail and then you can come to India. Once bail is granted then cops cannot curtail your freedom.
yes you can file an intervention application for adding yourself as a party to the petition - either as a co-petitioner with your mom or as a formal respondent
the acts of transferring the electric meter and gumasta license are not such grievous offenses for which you will be put in jail
the criminal case is required to be quashed on the preliminary ground that it is a civil dispute for which a court case is pending and therefore the criminal court cannot have jurisdiction in the matter
if your mom's petition is allowed then you can also use the order passed in the petition to apply to the criminal court to quash the proceedings against you since all the accused parties in that criminal proceeding are charged with the same offenses
No you cannot add your name during pendency of civil case.
No petition of your mom is not applicable to you. You have to file separate petition for quashing of FIR against you.
You can request in courtesy
Yes it's applicable of same prayers.
