498A SEC 3AND4 DP ACT FILLED FOR QUASH IN HC IN AP
ravi
(Querist) 29 December 2017
This query is : Resolved
I filed quash petition in HC Oder is
This petition is filed under section 482 CrPC to quash the proceedings against the petitioner accused in CC number 410 of 2016 and the file of II additional judicial first class magistrate at Kotagudam
at the time of hearing learnt counsel for the petitioners seeks permission of this court to permit the petitioner to withdraw the petition with the liberty to file a petition under section 205CrPC before the trial court
permission is accorded
accordingly the criminal petition is dismissed as withdrawn grant in Liberty as prayed for
consequently, miscellaneous petition, if any pending in this criminal petition cell shall stand closed
Can I go for re appel in high court
R.Ramachandran
(Expert) 29 December 2017
When the counsel has himself withdrawn the petition, what is there for you to go in for Appeal? Have you consulted your lawyer? Without knowing law, just do not try to be smart behind your lawyer!
Vijay Raj Mahajan
(Expert) 29 December 2017
Petition u/s 482 Cr.P.C. was withdrawn by the petitioner, allowed by the High Court, the order of the High Court cannot be challenged in Appeal.
Fresh petition u/s 482 Cr.P.C can be filled if there exists new facts and circumstance as reasonable ground to move the second petition.
Sankaranarayanan
(Expert) 29 December 2017
Once it withdrew the case , then , what necessity to further move
P. Venu
(Expert) 29 December 2017
Admittedly, the petition u/S 482 was withdrawn in order that a petition u/S 205 (?) in the trail court. Move the proposed petition under the appropriate Section in the trial court.
Dr J C Vashista
(Expert) 29 December 2017
Whether your counsel has taken liberty to refile at the time of withdrawal of the petition? If so, a fresh petition can be filed before High Court otherwise NO CHANCE.
