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brahma (student) 20 August 2024

Petition for 315 crpc and 315 crpc

Is it possible to file both 315 CrPC and 319 CrPC in the same petition?

2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 August 2024

According to the Code of Criminal Procedure (CrPC), Section 315 and Section 319 serve different purposes: - Section 315 CrPC: Allows the court to summon a material witness or examine a person as a court witness. - Section 319 CrPC: Empowers the court to proceed against a person who appears to be guilty of an offense. While it's technically possible to file both sections in the same petition, it's essential to consider the following: 1. *Distinct purposes*: Ensure that the petition clearly addresses the distinct purposes of each section. 2. *Separate prayers*: Make separate prayers for each section to avoid confusion. 3. *Clarity*: Ensure the petition is clear, concise, and avoids ambiguity. 4. *Court discretion*: The court has the discretion to consider or reject either or both prayers. It's recommended to consult with a lawyer to ensure the petition is properly drafted and presents a strong case. Additionally, be prepared to argue the petition effectively in court.

T. Kalaiselvan, Advocate (Advocate) 22 August 2024

Since they both are two different subjects you may be required to file different petitions seeking the reliefs accordingly

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