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Withdrawl application

(Querist) 17 March 2017 This query is : Resolved 
Dear experts,

I had filed a case under 482 CRPC in HC but that was not maintainable, then I had simply Withdrawl the case with liberty on first hearing, no notice ordered.

Now I have to file it again, should I worry of previous petition and to mention the previous case as fact/reference??

Can I have liberty to not mention the details of wrongly submitted petition??
Dr J C Vashista (Expert) 20 March 2017
What was the petition for u/s 482 Cr PC?

In case no notice was served, there is no need to mention.

However, before filing the petition you might have served (advance copy) to Standing Counsel for the State amongst other respondent(s).
Neeraj Jha (Querist) 21 March 2017
That petition for direction to Police to lodge FIR but court shown a previous judgment of sakiri vasu vs State of U.P. and told to lawyer that it is not maintainable either you withdraw otherwise it would be dismissed that's why counsel withdrawal that petition.

This is the Order:
Learned counsel for the petitioner seeks to withdraw this

petition with liberty to avail remedies as may be available to him.
Dismissed as withdrawn with liberty as aforesaid.

NOW I will re-file under 156(3) before the area magistrate, here I should mention this fact or not??
Dr J C Vashista (Expert) 22 March 2017
Not required.
Neeraj Jha (Querist) 22 March 2017
Sir,

will it not be "concealed the truth" before court??



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