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Suraj   02 February 2025

Quashing -lawyer behaving odd

We have filed a 482 petition in high court where 2 applicants are there ( me and my friend). My friend is mail accused in FIR and i was made accused during investigation. I have come to know that our lawyaer got influenced by rival party and he may withdraw the petition by taking consent of my friend (Who is named in FIR) without informing me. Is it possible? What remedial steps can i take to prevent this. Also if my friend signs on withdrawal application, can i continue it alone? 

The problem with me going alone is that my name was not there in FIR and i was made accused in investigation and police also opposed my ABA vehemently and told they have proofs againt me . So i am an accused now. Will this make my petition (in case i go alone and other person withdraws) maintainable?



 9 Replies

T. Kalaiselvan, Advocate (Advocate)     02 February 2025

If you suspect the advocate is trying to withdraw the quash petition, you can terminate the vakalatnama pertaining to you alone and engage another advocate to fight your case, but if the quash petition was filed jointly then you may have to file a fresh petition permitting you to continue the quash petition .

However please note that the second quash petition is not mainainable until there is a change in the circumstances due to subsequent developments. 

Suraj   02 February 2025

Sir, i want to know if the one applicant withdraws (may be de to misguide  by lawyer) can i continue the petition independently and no need to file fresh one, i may chnage the lawyer. I have been made accused in investigation and in my ABA and other accused ABA reply by IO as my name was not in 156(3) and FIR. So i think alone also i can continue. Chargesheet yet to file

T. Kalaiselvan, Advocate (Advocate)     02 February 2025

Even if other accused persons withdraw from a case, one accused can still continue to pursue a quash petition on their own, as long as they have individual grounds to challenge the charges against them and the court deems it appropriate based on the specific facts and circumstances of the case. 

The remaining accused must have independent reasons to argue for quashing the charges against them, separate from the reasons presented by the withdrawing accused. 

Courts may not allow a single accused to continue a quash petition if it appears to be an attempt to manipulate the legal process by withdrawing other accused to gain an advantage.

Vishesh K Sapra (Advocate Delhi High Court and Supreme Court)     03 February 2025

You can take immediate legal steps to prevent the withdrawal of the Section 482 CrPC petition without your consent and ensure your petition remains maintainable even if your co-petitioner withdraws.

Firstly, a lawyer cannot unilaterally withdraw a petition without the explicit consent of both petitioners unless he has been authorized through a vakalatnama or a signed instruction from you as well. If you suspect your lawyer is influenced by the rival party, you should immediately file an objection before the High Court, stating that you do not consent to withdrawal and wish to continue with the petition.

If your co-petitioner (your friend) agrees to withdraw and signs the withdrawal application, you can still continue the petition alone, provided that your case is independently maintainable. Since your name was not in the FIR but added during investigation, your petition can still be considered on merits, as quashing under Section 482 CrPC applies to wrongful implication during investigation as well.

However, since the police have vehemently opposed your Anticipatory Bail Application (ABA) and claim to have evidence, your case may be more complex, and you should consult a senior criminal lawyer. If the petition gets withdrawn or is not maintainable after your friend exits, you can file a fresh quashing petition independently or approach the Supreme Court under Article 136 for special leave if needed.

Additionally, if you have proof of your lawyer’s misconduct, you can file a complaint with the Bar Council under Advocates Act, 1961, citing professional misconduct and seeking disciplinary action.

If needed further help, get in touch with me at 888-215-3399 on WhatsApp.

Suraj   03 February 2025

Thanks for your reply sir. Grounds are common sir for both , non compliance of 154(3) and ingredients of FIR . I have your no. now. i ll contact u soon and i will be discussing with u, we may need to approach supreme court i guess as issue is complex. i ll discuss with u personally sir,

P. Venu (Advocate)     06 February 2025

It is seen from your profile that in the past couple of days you have posted three different queries on rather speculative issues. Do they relate to the same problem? Of so, post a comprehensive query instead of leading us through riddles.

Suraj   06 February 2025

Respected Mr P.venu, other lawayers have gave replies as per their experience and law of the land. In fact, i spoke to one of them also. So if you feel i am posting riddles, kindly do not reply. I dont think there is any speculative issue is posted. Thank you sir

P. Venu (Advocate)     07 February 2025

Your profile inform that you have posted the following queries during the past one week -

replied to a topic in forum Quashing -lawyer behaving odd

 replied to a topic in forum Filing of application of purgery against for fir done by taking orders u/s 156(3)

 posted a new topic in forum Filing of application of purgery against for fir done by taking orders u/s 156(3)

replied to a topic in forum Quashing of fir

 posted a new topic in forum Quashing of fir

replied to a topic in forum Cofounder of a company means what?

replied to a topic in forum Quashing -lawyer behaving odd

posted a new topic in forum Cofounder of a company means what?

replied to a topic in forum Quashing -lawyer behaving odd

 posted a new topic in forum Quashing -lawyer behaving odd

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=1084900

Suraj   08 February 2025

So what is the issue sir? Have a violated anything? I think the platform is open to ask questions and give replies. If i post anything wrong, moderator or site administrator can take action. Why are you getting so much irritated sir.


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