Sandeep (firm) 08 September 2013
In a corruption related case HC was approached under sec 482. But in the meanwhile lower court framed charges. While hearing under sec. 482 at HC, judge opined to withdraw application and apply for quashing of charges framed or application 482 may get rejected. Now what is best alternative. (1) Continue with application under 482 or (2) Apply afresh for quashing of charges.
Saurabh..V (Law Consultant) 09 September 2013
@Author,
However it is about the knowledge of your lawyer or general practitioner in court, but I must tell you that you may win a case if you do as the judge says even if your case has no merits.
If you oblige to do as the judge says then it would be in your favor.
Having said this, I feel S.482CrPC is not barred by any limitation of framing of charges etc.. But is is again the High Court judge who would give you relief. So if you do as he says, it would be in your favor.
//peace
/Saurabh..V
T. Kalaiselvan, Advocate (Advocate) 10 September 2013
If it is a fact that a judge opined to withdraw the petition u/s 482 and to proceed with quash application, please discuss with your lawyer in detail about the circumstance of case and proceed judiciously,do not take a hasty decision because decisions taken at haste will prove fatal
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 September 2013
ARGUE ON CHARGE IF THE COURT FRAME THE CHARGE THEN FILE A REVISION BEFORE UPPER COURT.
IF BOTH THE COURT PASS AN ORDER AGAINST YOU THEN FILE A WRIT/QUASHING PETITION BEFORE HC.
FOR BEST ADVISE CONTACT YOUR LAWYER
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