Rajinder Kumar (ऐसा) 11 October 2013

Recalling of order u/s 482

My lawyer after filing appeal in Punjab and haryana high court u/s 482 in a case of cbi in which chargesheet was for 420,471 withdrew the case as per court's order. but he denied in front of me and we went supreme court. but supreme court ordered to avail chance as per law permitted. My lawyer then again submitted case in high court for recalling of the order. judge threatened him by saying he would penalised the appeal with heavy cost and gave next date to withdraw the case.

i am unable to understood all this happening. please help me what should i do?

Please also tell me if we can move application to change the judge in this case or not . and if yes, then how?

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 12 October 2013

A judge cannot deny the right of the party to be heard, please go into the details of what exactly happened and then decide about next course of action, if your lawyer is not disclosing the facts or not replying convincingly, gather the information secretly through some other reliable person and then decide about next thing. Natural justice has to be upheld.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 October 2013

you should contact a lawyer with all documents personally for best advise

Rajinder Kumar (ऐसा) 14 October 2013

The case has been already in himachal pradesh high court withe same documents/reasoning as a writ petition but there CBI is not a party. I am so perplexed that unable to see the behaviour either of court or lawyer. On the same facts, one court is accepting writ petition and on the other side on the same facts, other high court is not ready to listen anything in criminal case..........i reiterate my question is there any provision of changing the Judge who is listening the criminal case in high court?....Thanks in advance...RK