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Q Slinger (NA)     04 April 2015

High court 482 process

Hello All:


I am trying to understand the process of High Court 482 Quash petition for 498a case.

The process I am familiar with is as follows:

1. Draft the 482 petition and attach FIR and Chargesheet. Number all the pages for easy reference for the judge. Add any, dispense with FIR and CC petition and Stay petition prayer in the main petition.

2.File the petition in HC and await it to be given the SR number.

3. Once the SR Number is given, the dispense with hearing comes up and then the 482 petition is given a CRLP number.

Now this where my question are:

1. The case details online read as POSTING: INTERLOCUTORY

2. The Causelist status reads as Admission.


Now during the above 2 questions stage, what is to be expected? I am under the assumption that the lawyer will read out the 482 petition and then the allegations in the ChargeSheet. Once this is done, the PP will argue as to why this case should not be admitted. and the judge will then take a decision to admit the case or not?


Please let me know if I have the process correct? Is there anything I am missing.


 8 Replies

Aashish George (lawyer)     05 April 2015

Well, two things 1) if it's on the basis of compromise the process is different 2) if it's on merit then stages can be of n - numbers. ..but basically it's notice, status report and then arguments
1 Like


Interlocutory orders are also somewhat similar to temporary injunctions. Interlocutory order only settles intervening matter relating to the cause. Such orders are made to secure some end and purpose necessary and essential to the progress of case and generally collateral to the issues to be settled by the court in the final judgment.

1 Like

Adv k . mahesh (advocate)     06 April 2015

in interlocutory stage lot of assumptions has to be made

l. may be the documents which you submit are not in order, not clear, not done translation

2.caveat petition filed by other siade

3. at admission stage were you interim prayer

4. notice to other party

1 Like

T. Kalaiselvan, Advocate (Advocate)     09 April 2015

Your understanding is absolutely right and it perfectly suits in the contested case, i.e. after  filing formalities are  over, it is notice, status and arguments. The interlocutory orders are for the temporary reliefs like stay of proceedings etc., are you appearing as party in person?  if so, it is advisable to take advise outside court from an experienced lawyer about any other formalities to be observed in this regard.

1 Like

Q Slinger (NA)     12 April 2015

Gentleman: As expected, all of you have been brilliant in your replies. Thank you.


@T.Kalaselvan: You are quite preceptive! Yes, I am doing Party In Person as the  HC judges in my state are not listening to lawyers anymore. Even with a representation of a Senior HC lawyer, the HC judges are brushing them aside. My main reason for Party In person is to show the human side of the petitioner so he can understand the pain that the petitioner is going thru while a 498a is pending against him which drags on for years. I want to show the judge that even tho I am accused 1 (A1), I am very much interested in my own case and would rather fight it out than to calmly sit and watch the lethargic judiciary take its toll on me. Another reason being, lawyers are bound to follow the courtroom procedures, processes etc...but having seeing others doing Party in Person, I saw the leniency that the HC Judges are giving them. I have noticed that Party in Person applicants are allowed to deviate a little from the standard procedures. So hope that helps me out. 

So far,  I have been victorious because, the HC judge who routinely dismisses admission of A1 quash in 498a cases, admitted my case because he is interested in listening to my arguments regarding the police failing to apply CrPC 188 in my case. I am in the process of serving notice to the opposite party. I have retained counsel who will guide me during the arguments phase of the quash and properly present my side. 

All in all, I am very much looking forward to the argument in front of the judge. 

T. Kalaiselvan, Advocate (Advocate)     15 April 2015

I appreciate your interest as well as your efforts to deal the case yourself.  There is nothing wrong in you handling your own case if you are knowing provisions of various laws that are involved in this process.  The important aspect is the interpretation of law based on the circumstances of the case in hand, I think you will tide over that crisis since you are doing lot of home work on it. I wish you success in your efforts as well as in your case,  strike the nail at its head until it penetrates.  All the best.

1 Like

Adv k . mahesh (advocate)     17 April 2015

the home work if you do to the fullest then the result will be even more fruitful

what i mean was already your case got admitted so court had ordered you personal notice i think so and you have to file once the acknowledgment received to you and your case will be listed again for admission or interlocutory stage - when you get time then sit in the court room and see the arguments and the evidences being taken up in the court for such cases you will get some picture how you want to present you case as already you are taking a lawyer help in the same way you will also get clear picture how best you can project your case to defend the allegations kept against you

sankar P (supervisor)     21 April 2015

All the best @ Slinger


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