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chandrashekar (private)     28 November 2010

withdrawal memo

I have filed bail petition at High Court. The offence is Non-bailable in nature. Now, I want to withdraw the petition by filing withdrawal memo. The hon'ble judge is very disturbed by the fact that many lawyers file such withdrawal memo and hence keeps asking the reason for the same. Also, makes it very difficult to withdraw the petition.

Is filing withdrawal memo in criminal bail petitions and getting it dismissed as withdrawn is so complicated. KIndly Advice 



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 4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     28 November 2010

Bail or Anticipatory bail?

1 Like

(Guest)

not in crminal courts.  But in highercourts (highcourt and supreme court).  The reason for the withdrawal may be double petition/similar petition.  Party engaged another lawyer etc. try to convince the Highcourt.  Otherwise cost will be imposed for unncessary litigation

1 Like

chandrashekar (private)     29 November 2010

Thanks alot , for the replies.

Its a withdrawal memo for regular bail application not anticipatory bail, at the High Court

Now, the fact is that the Judge is one favouring the prosecution. We find it prudent to wait till the bench changes.

But as we have already filed the bail application it gets posted regularly and the dates cannot be avoided as the Judge keeps fixing the dates.

So finally we have decided to withdraw the petition. But, again the Judge asks the reason and any reason given, will be noted in the orders!!!!!

So, the question is how to get it withdrawn and to get the "petition dismissed as withdrawn"

The matter again is coming day after tommorow.  Also, the matter is one with lot of merits and is a fit case before any other Judge.

KIndly advice.


(Guest)

kindly not press the petition with liberty to file fresh petition


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