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Application u/s 482 crpc in high court lucknow bench
14-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 . , only one hearing where court issued notices to state and opp. party and niether state nor opp. 2 filed counter affidavit till date. There is no direct evidence against the petition the name of pititioner come into light as per confession statement of accused. DOes High court allowed the petition and setaside the lower courtorder?
filed an application under section 482 for challenging discharge application by the learned by cjm and its revision by the session court. there is no direct evidence as per the confession statement does the high court allow the petition
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Adv. Spiti Sarkar
Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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If your petition clearly shows that
1. The only link to you is an inadmissible confession by a co-accused,
2. No recovery, no independent witness, and
3. Lower courts ignored this legal bar,
then yes — the High Court has strong grounds to set aside the lower court's dismissal and quash proceedings.
If you want, I can draft a case-law backed written submission tailored to your facts, which increases the chance that the judge will see this as a Bhajan Lal category case. That would make your argument much sharper.
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Adv. Namrata Pandey
Adv. Namrata Pandey
Lucknow | 50+ Answers
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under Section 482 CrPC, the High Court’s decision to allow the petition and set aside the CJM and Sessions Court orders will depend on some key judicial principles
The complaint/FIR is manifestly false or frivolous.
No prima facie case is made out.
Proceedings are based solely on inadmissible evidence (e.g., uncorroborated confession of a co-accused).
Lower courts have misapplied law or ignored material facts.
If your name appears only in the co-accused’s confession and there is no recovery, no eyewitness, no documentary proof, no independent witness, it may not stand as a valid ground to proceed. then the High Court can interfere under Section 482 and quash or set aside the order
If HC finds proceedings are abuse of process:
If HC finds there is some corroborative eviden
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Adv. Aishwarya Panday
Adv. Aishwarya Panday
Lucknow | 100+ Answers
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yes this is subject matter of discharge application you must be produced such related document evidence and any other fact which create safeguard for you so it is main high court allow that your.. but you must be produced your document with some related case law and judgement so kindly produced for more detail kindly contact us
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Adv. Saurabh Mani
Adv. Saurabh Mani
Mau | 100+ Answers
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The Hon’ble High Court, while exercising inherent jurisdiction under Section 482 CrPC, can set aside the orders of CJM and Sessions Court if the dismissal of discharge is based on inadmissible material. In the present case, there is no direct evidence against the petitioner, and the name of the petitioner appears only from the confession of a co-accused.
As per Sections 25, 26 & 30 of the Indian Evidence Act and judgments of the Hon’ble Supreme Court (Kashmira Singh v. State of M.P., AIR 1952 SC 159; State v. Nalini, (1999) 5 SCC 253), the confession of a co-accused is a weak type of evidence and cannot be the sole basis to proceed.
Further, in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the Supreme Court held that proceedings can be quashed where allegations are manifestly groundless and no prima facie offence is made out.
Accordingly, if there is no other material against the petitioner, the High Court can allow the petition, set aside the impugned orders, and quash the proceedings to prevent abuse of process of law.
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Adv. Saloni Mahawar
Adv. Saloni Mahawar
Lucknow | 25+ Answers
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