Withdraw writ petition
monjula sooresh
(Querist) 13 March 2015
This query is : Resolved
Petitioner files WPC, respondent points out fraud and forgery, Hi Court asks respondent to file Counter, Counter filed exposing the fraud & forgery and contempt, listed 22 times, Court decides to dismiss WPC on technical point, Respondent is directed by Court to file applcn u/s 340 Crpc and Contempt of Court Act, Petnr requests permission to withdraw WPC, Applcn u/s 340 + Contempt filed, Petnr files applcn for withdrawal.
1. Can WPC be dismissed on tech point while Counter is filed and without consideration of points raised?
2.If yes what happens to the 340 + contempt petn pending?
3.Can Respondent object to withdrawal applcn?
4. Is Court obliged to dispose off 340 applcn and contempt petition before dismissing WPC or allowing withdrawal?
Devajyoti Barman
(Expert) 14 March 2015
1. Yes WPC can be dismissed on any ground irrespective of the ground taken by the respondent.
2. The 340 petition remains and the court would pass fresh order on this.
3. Yes, more so, if he files petition u/s 340 crpc.
3. No, it can not.
Dr J C Vashista
(Expert) 14 March 2015
I agree with the expert advise of Mr. Devajyoti Barman, the court shall dismiss the writ petition wherein application u/s 340 Cr PC shall be registered and taken up separately.
Q 3 "Can respondent object to withdrawal application ?" is vague.
4. No.
Rajendra K Goyal
(Expert) 14 March 2015
Agree with the expert advise of Mr. Devajyoti Barman.
Guest
(Expert) 14 March 2015
Your query is just like an academic query, as if you wanted to gain some knowledge on a legal point without discussing the characteristics of any case. Better discuss, what is the real problem, so that the experts may be able to arrive at some solution based on your specific problem and advise accordingly.
Also, while discussing the real problem please be sure to intimate how you are concerned with the case, as solutions normally differ depending upon the petitioner or defendant point of view.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
I go with the views of expert Mr. Dhingra on the subject, the author may answer the queries raised by the expert.
