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High court after several listing application and pending in high court


02-Oct-2025 (In Criminal Law)
I have filed an application u/s 482 crpc on 12.04.2024 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 opp. party & no stay and opp. party filed vakalatnama . niether state nor opp. 2 filed counter affidavit till date..... what will be the next step as no counter affidviate filed after time passed?
Answers (5)

Answer #1
850 votes
Since the opposite party and State have failed to file their counter affidavit within the time allowed, you can request the Court to proceed ex-parte and decide the matter on merits. The next step is to move an application for early hearing / disposal highlighting that sufficient time was granted but no counter has been filed. In many cases the Court records this fact and fixes the matter for final arguments even without a counter. Therefore, you should press your advocate to file an urgent listing application and request the Bench to treat the counter opportunity as closed and hear the petition expeditiously.
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Advocate Aishwarya Panday

Adv. Aishwarya Panday

LawRato Lucknow | 100+ Answers
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Answer #2
675 votes
Sir as long as your case will not take up no steps could be taken from your side. Try to list your case as early as possible if it is not listed and if listed hope to be taken up. The opp party and state if not counter affidavit can seek more time usluly court can grant one weak more time to them for filling counter.
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Advocate Himanshu Singh Chauhan

Adv. Himanshu Singh Chauhan

LawRatoLucknow | 25+ Answers
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Answer #3
763 votes
ask your advocate to file listing application in the court having jurisdiction of 482 . There are fresh appointments of many high court judges recently and hopefully pendency of the cases will come down. If there is any fresh documents that needs to be filed or fact that needs to be brought on record file a supplementary.
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Advocate Swati Sinha

Adv. Swati Sinha

LawRatoLucknow | 50+ Answers
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Answer #4
980 votes
actually you should meet your Advocate personally, and request him to mention your case again due to the non presence your case is not being mentioned. you can also change your advocate and file fresh vakalatnama and the new advocate will mention definitely you will get this to order a no coercive order.
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Advocate Hariom Dubey

Adv. Hariom Dubey

LawRatoVaranasi / Banaras | 25+ Answers
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Answer #5
509 votes
if you want to get it decided early then provide detail information of your case so you can provide your case detail personally then we can help you and we will try to decide your case as soon as possible.
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Advocate Ankit Singh

Adv. Ankit Singh

LawRatoAllahabad | 100+ Answers
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