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Last Updated On 16-Jan-2021
Criminal

Can I file 239 and 482 crpc petitions simultaneously

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.

( Kadapa, Andhra Pradesh )

16-Jan-2021

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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
Posted On 16-Jan-2021
Vidhikarya
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Don't file discharge petition it will get dismissed. Quashing chances are very less. Better seek speedy trial citing employment and harassment.

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G.Rajaganapathy
High Court of Madras
Posted On 16-Jan-2021
Vidhikarya
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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.
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Posted On 16-Jan-2021
Vidhikarya
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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.
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Posted On 16-Jan-2021
Vidhikarya
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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.
Posted On 16-Jan-2021
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