How to reopen a case which has been quashed by High Court?

Response

As your case has been quashed by the High Court you cannot reopen the case. The only option which you have left is that you must file a writ petition under Article 32 of the Constitution of India in the Supreme Court.
You will have to file a writ of “Certiorari ” these writs are designed to prevent the excess of power by public authorities . Formerly these writs were issued only to judicial and quasi-judicial bodies. Certiorari and Prohibition are regarded as general remedies for the judicial control of both quasi judicial and administrative decisions affecting rights. As the case has been quashed the only option which is left is this.

A writ of certiorari or a writ in the nature of certiorari can only be issued by the Supreme court under Art. 32 and a High court under Art. 226 to direct , inferior courts , tribunals or authorities to transmit to the court the record of proceedings disposed of or pending therein for scrutiny , and , if necessary , for quashing the same . But a writ of certiorari can never be issued to call for the record or papers and proceedings of an Act or Ordinance and for quashing such an Act or Ordinance.

Reference: Article 32 of the Constitution of India

202100136202100151013

LAWAYZ-2023-146

 Tags
Ask FREE question
Ask Question
Eg - Start with How, Why, What, Should I, When will...? etc
Thank you.  Please share the below details
* If you are outside India, mention WhatsApp Number with Country Code
Place of Property / Employment / Legal Issue / Residence / Your City