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498A Quashing in HighCourt TIme Limit for Counter by Police Not Filed
24-May-2025 (In Criminal Law)
Hi
My wife filed false 498A case on my family members 4 years back (2021).
My Sister and Brother in Law and parents apporached high court to quash it.
the case status is contested Disposed.
Police has not filed counter .
Next date is not shown
Is there a timelimit for police to file counter
Thanks
Contested disposed means the petition was dismissed.
The opposite party was given a chance to oppose the quashing petition so the case was closed.
Do you have any doubts about the order you can check the exact order from the High Court to confirm whether the Case was dismissed or settled.
Sometimes there is a chance to limit the time for police to file a counter.
If the High Court directed the police to file a counter they should do so within 4-8 weeks of time limit .
So you check the case status and file an Early Hearing application.
You have the right to Request the Court to proceed the Case without the police counter also.
You Do Immediately get the High Court order copy and consult your lawyer.
File a fresh petition with stronger evidence, if the High Court disposed of the petition without quashing. You can file a fresh petition with stronger evidence is the best remidy in your case.
You can take a chance for drafting an application for early hearing also .
Helpful?
Adv. Pavani Kumari
Guntur | 400+ Answers
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There's no specific provision in the Criminal Procedure Code (CrPC) or the Bharatiya Nagarik Suraksha Sanhita (BNSS) that sets a mandatory time limit for the police to respond to a quashing petition.Â
so need more details on it to advice properly. also what's the present status of the case on you and other members.
thanks
Adv. Raj
Helpful?
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