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Can a Lawyer withdraw the quashing petition by coaxing one out of 2
02-Feb-2025 (In Criminal Law)
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?
You can file an application in the High Court to inform about your concerns. A joint petition under Section 482 CrPC requires consent from all parties for withdrawal. You may continue separately if allowed.
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Adv. Devang Manjrekar
Mumbai | 100+ Answers
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Well, if your friend withdraws the Petition, it doesn't mean, that, you have withdrawn, you can tell your Advocate to make requisite changes in Sec 482 Petition by deleting name of your friend as Co Petitioner and as such, you can proceed alone as the Petitioner for running such 482 of the CRPC, 1973
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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As the petition involves both of you and your friend, your consent is required for withdrawal.
You can also file an affidavit detailing your objection to any unilateral withdrawal. For detailed information you can connect with us
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Adv. Anish Palkar
Mumbai | 200+ Answers
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