Withdrawal of case In HC
M.C.Sharma
(Querist) 07 April 2010
This query is : Resolved
Hi,
I filed a S.482 petition in the HC Delhi against a lower court order of framing a charge. During last hearing, the judge showed to my advocate a recent order of the HC holding that revision or 482 cannot be resorted to against 'an interlocutory order'. The judge asked the advocate to read and inform the court if he would still press the petition. I want to withdraw the petition but not through my advocate. can I file a withdrawal application in person? Pl advise.
M.C.Sharma
Devajyoti Barman
(Expert) 02 November 2010
NO NEED TO WITHDRAW. Such order challenged is not the interlocutory order.
R.Ramachandran
(Expert) 02 November 2010
Apart from what Mr. Devajyoti has replied, I want to ask you Mr. Sharma: If at all you want to withdraw the petition, why don't you want to do it through your advocate? If you do not want to entrust the work to the Advocate, the best way is to withdraw the Vakalatnama.
Advocate. Arunagiri
(Expert) 02 November 2010
Quashing the criminal case u/s 482 can be filed, even after the framing of the charges. The framing of the charges can not be treated as a interlocutory order of the trial court.
s.subramanian
(Expert) 03 November 2010
The judge has confused himself. The judgment of the Supreme court of India in Madhu Limaye's case on an interlocutory order will apply only to revision petitions filed u/s 397 of Cr.P.C. and not to proceedings u/s 482.
