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Manoj Oswal (none)     08 July 2015

Criminal applicn in writ petition - refiling after withdrawl

I had filed a writ petiton in person for enforcing constitutional rights of a lady who is kept in subhuman conditions.

The court appointed a trust for the lady 18 months ago. The trust miserably failed in its duty and the lady continued to suffer. 
 

I had therefore filed an application for replacement of trustees. However since my application had some averments about the trustees which were not acceptable I was given an option to withdraw my application and I withdrew the applicatoin. 

The court passed the following orders...

   "when certain   objectionable averments   made   in   the   criminal application   and   in   particular   in paragraphs   17   and   20   were   pointed   out to   the   applicant   appearing   in   person, he   seeks   permission   to   withdraw   this application.  The applicant has filed a pursis   stating   that   he   is   withdrawing the   application.   Accordingly,   the application is dismissed as withdrawn."

Does this order extinguish my rights to file a similar application? Since the lady continues to live in sub-human conditions and the trustees remain as lethargic as earlier.

The main criminal petition has been already reserved for judgement. Since the lady continues to be in sub-human conditions and the doctor has already given a medical certificate that anything can happen to her soon, do I have enough grounds to move the application despite the matter being reserved for judgement?

 

 

 

 



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 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 July 2015

Sir,

 

Its dismissed as withdrawn, so but since no liberty is granted to file the fresh application on the same grounds, its is suggested that move an application after change of circumstances so that you will be able to justify your fresh application.

 

Warm Regards

Kapil Chandna Advocate

9899011450


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