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How prosecution can recall case under 482 Crpc


18-Jul-2023 (In Criminal Law)
there was a pending criminal case before the lower court, where the accused has filed a writ application under section 482 CRPC to quash the proceeding, where the prosecution did not appear before the high court and court has allowed the accused application under section 482 crpc and directed to lower court to dismiss the criminal proceeding, now the prosecution want to recall the case, so that we can punished the accused, kindly tell the procedure to recall and what is the limitation period to recall the case.
Answers (2)

Answer #1
846 votes
The prosecution should have contest the proceedings before the High Court which was filed by the accused under section 482. Now if the prosecution can file /Special Leave Petition before the Supreme Court.
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Advocate RK Garg

Adv. RK Garg

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Answer #2
696 votes
Once the high court has proceeded with the 482 and quashed the proceeding and the state at that time had not interfered the only procedure as per my knowledge is to approach the Hon'ble Supreme court of India against the said order. But one has to see the order of the High court before advising further.
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Advocate Shiv Pande

Adv. Shiv Pande

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