Challenge dismissal of discharge appliaction u/s 482 crpc

708 votes

Your matter has reached a very important procedural stage, and the delay by the AGA should not be ignored casually. What has happened is this: • Your Section 482 CrPC petition challenging dismissal of discharge and revision is pending before the Allahabad High Court Lucknow Bench • The concerned police station has already supplied parawise instructions to AGA on 10 April 2026 • Despite this, no formal counter affidavit has been filed till now This usually means one of two things: • Either the State side is delaying intentionally because the instructions are weak • Or the matter is not being actively pursued by the AGA office Now the important part — many litigants make the mistake of simply waiting indefinitely for counter affidavit. That weakens urgency and delays hearing for months or years. Legally, once sufficient time has been granted and instructions are already available, your counsel can press the Court for: • Final hearing without counter affidavit • “No further time” order against State • Peremptory opportunity to AGA • Or hearing on the basis of available record In discharge matters, especially under Section 482, the High Court often examines: • Charge-sheet material • Impugned discharge/revision orders • Legal perversity and not merely the counter affidavit. So absence of formal counter is not always fatal to your case. If your case has strong legal grounds, prolonged delay by State can actually be turned into a strategic advantage by pressing for hearing. What should be done now is: • Move a proper urgency/listing application • Mention that instructions are already with AGA since April 2026 • Oppose further unnecessary adjournments • Request final disposal Do not allow the matter to remain mechanically pending. In criminal matters, delay itself often becomes prejudice. This stage requires active procedural handling, not passive waiting. A properly timed mentioning and pressure for hearing can materially accelerate the case. We regularly handle Section 482 matters before Lucknow Bench involving discharge/revision challenges and delayed State response. If you want, I can guide you on the exact procedural strategy to push the matter toward final hearing instead of endless counter-affidavit dates.

Advocate Vaibhav Sangam Mishra LawRato

952 votes

dismissal of charges and its revisio has been challenged has been filed at high çgourt allahbad under 482 crpc as well as 482 crp c r no at the police station sent para vise comments no petition kindly see

Advocate Spiti Sarkar LawRato

544 votes

It appears that the opposite party has challenged the dismissal of discharge application and revision before the Hon’ble High Court under Section 482 CrPC. Since the concerned police station has already sent parawise instructions but the AGA has still not filed the counter affidavit, you may move an application for early hearing/direction for filing counter affidavit. Your advocate can also request the Hon’ble Court to grant short time to the State for filing counter and thereafter proceed with the matter. If there is unnecessary delay from the State side, the petitioner can press for interim relief or final disposal on the basis of available record.

Advocate Rahul Kumar LawRato

542 votes

The applicant has challenged the order rejecting the discharge application, along with the revisional order affirming the same, by filing a petition under Section 482 CrPC before the High Court, in the year 2024. During the pendency of the matter, the Court granted opportunities to the State authorities to file a counter affidavit through the learned Additional Government Advocate. It is pertinent to note that the concerned police station had already transmitted para-wise comments or instructions on 10 April 2026 for preparation of the counter affidavit; however, despite receipt of such instructions, no counter affidavit has yet been filed on behalf of the State. In these circumstances, the continued delay appears to be attributable to the office of the learned AGA rather than the investigating agency. The petitioner may therefore move an appropriate application or orally mention the matter before the Hon’ble Court, bringing to its notice that the necessary instructions are already available with the State counsel. A prayer may be made either for directing the State to file the counter affidavit within a fixed and final period or, alternatively, for proceeding with the hearing of the petition in absence of the counter affidavit. Since the petition has remained pending since 2024, the petitioner may also submit that repeated adjournments are causing unnecessary prejudice and defeating the object of expeditious adjudication under Section 482 CrPC.

Advocate Lalit Saxena LawRato