Legal Question in Constitutional Law in India
i would like to draw the to attention of Ld.Advocate shri S.V.Nahar by thanking him first for his prompt reply dated 18th sept.2009 against my query regarding highly objectional remark for two unconcerned brothers which was mentioned in the judgement passed by the lower court about 3 years back .Now the accused persons havefiled the certified copy of said judgement in another court just to defame both unconcerned brothers.I would like to mention here that the lower court where the objectionable and unfair judgement was passed comes under the jurisdiction of patna high court where as the court where the said judgement has been filed by the accused persons comes under the jurisdiction of another high court.Iwould like to request Ld shri Nahar and others to please suggest whether the quashing petition or the writ petition can be filed in the high court under whose jurisdiction the objectional judgement has been filed by the accused persons in lower court in another case as defence on their part instead of filing writ or quashing petition in the highcourt at patna under whose jurisdiction the lower court where the judgement was passed exists.similarly whether i can file the certified copy for quashing /writ after obtaining the same from this court where they have filed the judgement as their defence .It may please be noted that it will be very much difficult as well as unsafe for us to frequently travel to patna high court and the lower court where the jdgement was passed as the distance is about 700 km from our present place of residence aswell as the place of lower court where the judgement has been filed .It may please be further noted that accused person resides under the jurisdiction of patna high court and they virtually criminals and they can create any further problems and even file false cases.i am 67 years of age and suffering from various old age problems .you will bve surprised to know that no body can dare to adduce evidence in our favour due to their fear and mainly due to this reason we have left to stay at our ancestral place where those criminals are staying but they have not stopped creating problems for us including filing false case.please also suggest wheter we can file suit for malacious prosecutiopn at this place where they have filed those defamatory judgement in which the concerned magistrate had not even called us fpr any clarification before passing such defamatory judgement.It will be helpfull for us if you can find any suitable legal provisions based on which we can file quashing /writ petition under the jurisdiction where we stay and where they have filed the copy of said judgement
Please help us soon in view of our serious problem and also kindly mention your contact your telepphone /mobile no.please reply for all my points
thanking you once again.
1 Answer from Attorneys
A petition for expunging remarks can be filed in the high court to which the court passing such remarks was subordinate.
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