Raj 15 October 2017

Regarding correction in the quash petition filed in high cou

Dear Co-fighters,

my wife filed FIR u/s 498a and 3/4 in july 2016 against me and my bro and my parents. we got Anticipatory bail in sept 16.police has filed chargesheet in nov 16. Then we applied for discharge for 3 out of 4 accused excluding me in lower court u/s239 in march 17 which got rejected by the lower court in July 2017. The charges has not been yet framed by the lower court.

July end we went to high court and filed Quash against the order of lower court on discharge. In the Quash petition filed in high court The lawyer put at least 2 points not correct or points not in our favour so we asked for the NOC from that advocate and gave the vakalatnama (power) to new advocate.in Sept 2017.

Now i need ur expert advise on following points :

(1) Can the correction be done in the Quash petition filed in the high court (pls note that 498a , 3/4 is the criminal case)

(2) If yes then what is the procedure of making correction on those two points i identified. Which type of petition should i file.

(3) The previous lawyer also missed to add few points in the quash petition that i want to add now. what is the procedure for that.Which type of petition should i file.

(4) I took NOC from my previous lawyer and gave the Vakalatnama (power) to the new advocate, still the High court website is reflecting the old advocate name. The name of the new advocate is reflecting in the additional advocate name. So is it reflecting right? or the name of the old lawyer should not be reflecting at all?

Will appreciate for your quick response.

thanx

Reply Follow

6 Replies

Nitish Banka (lawyer) 15 October 2017

better to withdraw the petiton with liberty to file new one.

Adv. Nitish Banka

Sachin (N.A) 15 October 2017

Correctly guided. Withdraw the petition and file new petition

Raj 15 October 2017

Sir, I we had filed Quash petition against the rejection order on discharge petition filed in lower court on 7th july/......and quash was filed withi 15 days from the order of discharge petition rejection......,......as we know the court order can be challenged in highcourt only within 21 days from the order......now its already 3 month from the date of order so if we withdraw the quash petition n file new one then the new Quash petition will not be against the rejection of discharge petition by lower court right? as its almost 3 months from the date of order of rejection of discharge petition by lower court

pls guide.

Sachin (N.A) 15 October 2017

Originally posted by : Raj
	Sir, I we had filed Quash petition against the rejection order on discharge petition filed in lower court on 7th july/......and quash was filed withi 15 days from the order of discharge petition rejection......,......as we know the court order can be challenged in highcourt only within 21 days from the order......now its already 3 month from the date of order so if we withdraw the quash petition n file new one then the new Quash petition will not be against the rejection of discharge petition by lower court right? as its almost 3 months from the date of order of rejection of discharge petition by lower court pls guide.

There is no time limit in filing petition u/s 482 Cr.P.C

manoj 15 October 2017

As per your query you have filed before trail court discharge petition under section 239 CrPC. The said discharge petition was dismissed, then immediately you have filed appeal before Hon'ble high court under section 482 CrPC, no dout your petition is filed within time limit of the appeal period, but your query is your former advocate did not mention any grounds for succeeding the appeal, this is your main contention I hope. without referring the writ rules under High Court we cant guide you because already you are in sea of troubles with former advocate and also your discharge case was dismissed in lower court. The trail court will not discharge the cases because the court cannot look into the documents filed by accused at the stage of discharge petition, the court will see the documents filed by complaint whether there is prima facie case against accused. But when you come to the High Court due to the discretion power, the High Court can see the documents filed by accused in discharge petition. I am explaining the situation after verifying the supreme court authorities.

manoj

advocate

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