Legal Question in Criminal Law in India

How to file PIL in high court ?

6 years back, my friends daughter was found dead in a suspicious manner within 3 years of her marriage to a guy. The case was closed as a suicide case. How to file Public interest litigation in high court? Girls father is too old to go to court. Can I file PIL in high court or should it be done only in Supreme court? After her death, no post mortem was done. the RTO or local magistrate didnt initiate any enquiry, no formal report was filed by the police. The guy covered everything with his money and also threatened the girls father [i.e. my friend]. But now I would like to re-open the case and bring the guy to justice. What is the proper way to take action, open the case and start enquiries and bring the guy to justice? Should I file a PIL in high court or directly in supreme court? If I file a PIL should I go to court for enquiries or will the court itself will take care of everything? How a PIL works?


Asked on 7/07/07, 2:15 am

8 Answers from Attorneys
Alok Sharma Alok Sharma & Associates

Re: How to file PIL in high court ?

PIL can be filed for which you need a good lawyer. It can be filed in High Court.In my opinion you also can file the petition. Only problem could be delay of 6 years.Besides, you will also have to pay the fee of lawyer as well as the expenses.

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Answered on 7/08/07, 10:31 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: How to file PIL in high court ?

in this case, a private complaint can be filed but i doubt if any action would be taken. along with filing the complaint u may file an application for registration of f.i.r. which would be rejected and after that high court can be approached for directing the concerned police station to lodge the f.i.r. public interest litigation is not maintainable in this case.

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Answered on 7/07/07, 7:12 am
ramesh siroya

Re: How to file PIL in high court ?

first thing is did the deceased girl had made any complaint against her husband with either police or her parents or any other relatives or friends before her death regarding any harrasement by her husbad or her fear of being killed by her husband ? in that case it will be easy,even oherwise, you as a family friend can approach high court by way of writ peition praying for investigation of the death of the said girl by police. if you do no trust local police, you can pray for investigation by crime branch.

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Answered on 7/07/07, 8:05 am
mrugank patnaik msnp

Re: How to file PIL in high court ?

your friend may apply to court for impartial investigation.

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Answered on 7/08/07, 12:08 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: How to file PIL in high court ?

good evening

PIL? i dont think so it can be filed but you can always go for criminal complaint according to your jurisdiction

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Answered on 7/07/07, 9:05 am
G. M. Gupta gmguptaandassociates

Re: How to file PIL in high court ?

PIL is public interest litigation and there is no public interest in the details u mentioned so it is not applicable here.

you can take proper course of action as per the status of the case.

For further and detailed advice please contact alongwith papers. Consultation charges will apply.

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Answered on 7/08/07, 2:32 pm

Re: How to file PIL in high court ?

No interest of public at large is involved in the matter so PIL can not be filed.What is your legal standing or entity in the given matter of your friend? Ask your friend to file a complaint case before magistrate seeking registration of FIR and also for police enquiy.Contact a lawyer.

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Answered on 7/07/07, 11:56 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: How to file PIL in high court ?

Whether a PIL would like in a case like this is doubtful. However, you or your friend can definitely file a private complaint before the court of concerned magistrate.

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Answered on 7/07/07, 2:23 am


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