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Vijay Bhaskar (Law student)     19 July 2024

Reserving right to file again

Namaste Sir,

If one files Criminal petition before Hon'ble High court but at stage after serving notice to respondents wishes to withdraw the petition reserving the right to bring petition on the same at later date, does it affect the chances for the new petition at a later date. Or it would go against the petitioner as other party namely respondents would by then have appointed their own advocate by filing vakalat by paying fees and Petitioner withdrawing and filing a new petition at later date may cause trouble to respondents. Respondents might have to pay advocate fees again for new case at later stage. Is it possible Hon'ble judge direct petitioner to pay cost to Respondents for withdrawal and filing new petition. Thank you in anticipation



Learning

 5 Replies

Shashi Dhara   19 July 2024

File objections with strong oppose and proceed the casešŸ¤£

Vijay Bhaskar (Law student)     19 July 2024

Thank you, Sorry I could not get you. Strong oppose to prevent the withdrawal of the petition?

T. Kalaiselvan, Advocate (Advocate)     19 July 2024

If you want to withdraw the criminal case filed by you after having served the notice to the other side then you may have to file a petition with affidavit with reasons for doing so and it will be discretion of the court to allow your petition ptrovided your reasons are convincing.

Tjhe other aspects you have enquired here are either not relevant to this situation or do not make any meaning especially to follow the procedures.  

S.JEEVAGAN, Madurai. (Advocate, High court )     22 July 2024

Such a prayer is ordinarily not entertained by the High Courts, more so, in the criminal cases. Once a case / petition is withdrawn, one will not be permitted to bring back the same case against the same parties unless the case/ petition was originally allowed to be withdrawn with a liberty to file a fresh case / petition on the same grounds.

Vijay Bhaskar (Law student)     23 July 2024

Thank you Sirs for clearing it. Much obliged & grateful.


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