Application u/s 482 crpc in high court lucknow bench

Question

Application u/s 482 crpc in high court lucknow bench

05-Aug-2025 (In Criminal Law)

I have filed an application u/s 482 crpc in High court lucknow bench for challenging the dismissal of discharge application by CJM and Its revision by session court . the petition off 482 pending more than a year , only one hearing where court issued notices to state and opp. party and opp. party filed vakalatnama . niether state nor opp. 2 filed counter affidavit till date. Should I filed RTI to asked from police for the status of Counter affidavit and reason for not filling from more than 12mo

Answers (5)

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Adv. Spiti Sarkar Adv. Spiti Sarkar

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Advocate Aishwarya Panday LawRato · Accepted Answer · 2025-08-06T04:24:33+05:30

Answer #2

Don’t depend only on RTI. File an application in the High Court to either close the right to file counter affidavit or direct the State & Opp. Party to file within a fixed time, else the matter be heard ex parte. RTI can be used parallelly as supporting evidence.

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Adv. Aishwarya Panday Adv. Aishwarya Panday

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Advocate Saurabh Mani LawRato · Accepted Answer · 2025-08-06T19:17:11+05:30

Answer #3

aapke is prakaran mein jo 482 aap Dale Hain vah Jo Ek Sal se pending pada hai usko case list Se hatwa Ki ya FIR usko mention kara kar usmein bahas Karai aapka discharge application jo bhi hai usko Khari na kharij karane ke pass mein jo bhi Aapke Dil Hai sambandhit dwara Kiya Hua karaya Ja sakta hai aap apna detail Hamen case ka bataiye Ham aapko iska reply de Denge

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Advocate Saloni Mahawar LawRato · Accepted Answer · 2025-08-16T19:55:24+05:30

Answer #4

No, RTI will not help because filing of counter affidavit is the duty of the State counsel / opposite party, not the police.

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Adv. Saloni Mahawar Adv. Saloni Mahawar

Lucknow | 25+ Answers

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Advocate Swati Sinha LawRato · Accepted Answer · 2025-08-19T20:26:30+05:30

Answer #5

You file a listing application in the court. On the date of listing an urgent mentioning can be done. It is totally upto the court and the number of matter listed on board. You cannot file an RTI for a status of counter affidavit. Very limited powers are there under 482 for dismissal of discharge and more often than not you are asked to face the trial depending on the facts of the case.

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Adv. Swati Sinha Adv. Swati Sinha

Lucknow | 50+ Answers

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