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Pradeep (na)     13 September 2024

Withdrawal of criminal petition in high court

A Person is charged under IPC 341,501,503 & 505 (non-heinous) 

He filed CRLP before the high court, he has changed 5 lawyers so far but it is in the order stage

The opposite party asks person A to admit the crime or this case will go on for 10+ years 

Already 4 years are lost before the high court. He feels the opposite party is influential 

He feels withdrawing the petition and facing trial is beneficial 

One judge has presided most on the matter, he can only quash/dismiss, or give withdrawal permission

Is there a way to avoid this particular judge? 

Can SLP be moved at Hon. SC with this case pending before HC ?

Any opinion/help on the matter will be appreciated.

Thanks

 



Learning

 4 Replies

P. Venu (Advocate)     14 September 2024

The posting suggests more of subjective opinions than facts. What is the Case No.? Which High Court?

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

SLP cannot be moved in a pending case.

You either withdraw or wait.

1 Like

Pradeep (na)     14 September 2024

Sorry, can Criminal WP be filed before Hon. SC after withdrawing CRLP before Hon. HC ? Thanks 

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

Criminal writ petition may not be maintainable , if he wants to quash the case then quash petition under section 482 cr.p.c. to be filed as criminal miscellaneous petition before high court.

1 Like

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