Can I file 239 and 482 crpc petitions simultaneously

3 years ago

My name Rajesh, from Andhra Pradesh. My wife filed 498a and DVC cases with false cases on me. I applied to quash or dispense petition in the high court of Andhra Pradesh under 482 crpc. I didn't come to admission for the past 16 months. I doubt my lawyer might be doing malpractice. Now, I am thinking of filing a discharge petition in district court under section 239 crpc. Is it possible to file 239 crpc and 482 crpc petitions simultaneously on the same case (I mean 498a and DVC case). Kindly, give me a suggestion.

Previous Question

Next Question

DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
As per your submission you are thinking that your wife filed cases against you with false and fabricated allegations against you, you already approached the Hon’ble Highcourt under section 482, due to Covid, the cases are not listing regularly, as you said the case was posted 16 months back then the notices might have served to all the respondents by this time, so if your advocate prefer memo of mention then there is a possibility to get your matter listed before the bench after pongal vacations as already the matter is pending for quash in Highcourt then you are not allowed to file discharge petition in your trial court, seeing the output with the Quash petition, you can think the next legal step

Helpful

Rajaganapathy Ganesan

Responded 3 years ago

A.Don't file discharge petition it will get dismissed. Quashing chances are very less. Better seek speedy trial citing employment and harassment.

Regards
G.Rajaganapathy
High Court of Madras

Helpful

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
While there is not restriction preventing you from filing both simultaneously, it is better to have one petition disposed of before attempting to file another petition.
If you found this helpful, please rate us.

Helpful

Anik

Responded 3 years ago

View All Answers

A.Hi,
Yes, you can file a discharge petition under S.239, but it is better in such a case, to withdraw the S.482 petition first.
If you found this helpful, please rate us.

Helpful

Pradeep Naik

Responded 3 years ago

A.Due to lockdown the listing of cases in all high courts has been affected, so think your case will be listed in due course, you can check it online. S. 239 CrPC application and s. 482 petition can't be run together. You should withdraw s.482 petition first then should file s. 239 CrPC application before the magistrate concerned. And by the way s.239 application may not be filed in DV case.

Helpful

Read Related Answers

Shows date not updated

Dear Client, You have to approach the concerned court regarding the case hearing dates. You can connect with the Registrar of the Court and provide the particulars of the case to seek updates and the...

Regarding government job if convicted in public drinking

Dear Client, A person is not considered for a govt job if he is prosecuted or convicted by a court in a criminal case. Mentioning a court case on a government job application can have different impli...

Reopening of uncontested disposed criminal case immediately

Dear Sir, Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.

Vague and illegal order passed by Magistrate on recall application

Dear Client, A criminal revision petition challenging the order of the subordinate Court may be filed under Section 397 of the Cr. PC either before the Session Court or the High Court. According to A...

Minor aged 17 has eloped with a boy

Dear Client This can be a serious issue if a complaint is lodged with the police as the girl is still a minor and apart from other Sections of the Indian Penal Code the boy can be even booked (a possi...

Read Blogs on Criminal

Understanding Section 354A of the Indian Penal Code (IPC)

Navigating India’s Legal Drinking Age

Consequences of Disobeying a Summon from Court

Constitution of Criminal Courts and Their Powers

Unveiling Types of Corporate Crimes

Criminal Lawyers

Kolkata

Bangalore

Mumbai

Prabhakara S K Shetty

Bangalore

View Full Profile

Arvind Tripathi

Allahabad

View Full Profile

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.