Rampal Singh (bussiness) 06 July 2015

Can section 482 petition be filed twice?

I am in US, and my wife filed 498a in India in my absence. Chargesheet has been filed and NBW issued. My lawyer is suggesting for aproaching HC with quash on jurisdiction issues. I have heard that very few such petitions are accepted. If my petition is rejected, will I be able to approach HC with a different prayer(i.e. mediation and stay of arrest til mediation ends)?. Basically, my preference is, if all proceedings get stayed on jurisdiction grounds. But if that petition fails, I still want stay of arrest and mediation so that I can safely come back to India. Will two petitions be possible? Please note this is UP case, so anticipatory bail is out of question.

Reply Follow

8 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 06 July 2015

You can file petitions in High Courts n-number of times.

The following citation is helpful to you. No automatic arrest in 498A IPC. Show this citation in HC.

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41736

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 06 July 2015

No two petitions entertained by the courts at the same time and same cause.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 06 July 2015

Not at the same time, however, with same prayer with different cause title and/or determination we can file n-numbers of time.

Rampal Singh (bussiness) 06 July 2015

Are these two considered same cause and prayer:

a) Quash the proceedings on jurisdiction ground and stay NBW till quash case is decided

b) Direct the case to mediation and stay NBW till mediation is decided.

Vidya (ss) 06 July 2015

Hello rampal I am not advocate ..but I wish to share my experience

my friend wife filed 498a on 5 family members

a1 my friend didn't get arrested , a2 and a3 got arrested and got regular bail a4 and a5 got anticipatory.

a2,a3,a4,a5 filed quash wth in a month in high court on FIR

as reaction opponent made fasten charge sheet and charges framed

again a2,a3,a4,a5 made new quash on charge sheet. High court issued stay to stop further proceedings in lower court. Notices send to opponent party.

2 years 6 months finished A1 still absconding and opponent scared to challenge quash.. No progress since 3 years.

answer for your question

1. as you are outside india ...stay quit until you feel nesseasary to visit india.

Once either opponent took further level to LON or you want come to india try for anticipatory in lower court then high court still reject try in suprim court .. As current situation you get it 95% positively.

2. You or any of your family members can file quash how many times you want.

once filed quash by family members ..police will split the case and move on further ..99% less possibility for quash but 99% chance so stay ..

find a good lawyer they can do for you

good luck

Rampal Singh (bussiness) 06 July 2015

Thanks Vidya, I do have to come to India now and there is no provision of AB in UP. I guess my specific question is:

Are these two considered same cause and prayer:

a) Quash the proceedings on jurisdiction ground and stay NBW till quash case is decided

b) Direct the case to mediation and stay NBW till mediation is decided.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 06 July 2015

Originally posted by : Vidya
	You or any of your family members can file quash how many times you want.

I agree.

Sensei Mohan (Self Defence Trainer) 08 July 2015

Normally, in indian Judicial system, the Quash petition probably not entertain by High Court even under sec 482 of Crpc. They simply says that, what you want to explain go and tell before trial court, it is the Base, Because, the Trial court only can consider the matter accordingly. but still some cases are taken to quash under some circumstances. Any way, filing wrong FIR Is offence with out proper enquire (Fundamental Enquiry) U/s 220 of ipc, giving wrong complaint U/s 221, aND pROVIDING WRONG INFORMATION U/s 193 undr perjuries are Offences, understand that the Investigation is not fishing and Rowing Job, Some Police officers are doing such a idiotic act to cheat and befool the Judiciary

the case may have been filed based on the time you were in india. so NBW is pending.

take this matter into consideration.1. Get a copy of the Warrant through your advocate or party in person,

and file a petition to recall it along with proper reason , if possible appear before judge, and Recall petition may be filed as party in person

if you are not in india, file a petition in high court to quash the NBW , give a letter to magistrate that , you have filed a quash petition, so dont execute NBW untill final order, Meanwhile enter into your area, and appear before the court, recall NBW

sO fight