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.
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
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
Rajaganapathy Ganesan
Responded 3 years ago
Regards
G.Rajaganapathy
High Court of Madras
Ayantika Mondal @ Prime Legal
Responded 3 years ago
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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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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Pradeep Naik
Responded 3 years ago
Threating and Blackmailing
JASVEER Singh
Non supply of water by land lord
Neighbour in our building imposed fake allegations
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