LawRato

Is there a time limit to file reply/say to petition of other party


04-Dec-2024 (In Criminal Law)
I file discharge petition. Judge gave parties next date 3 months away. 3 months pass, plaintiff no file reply/say to discharge petition. Judge give another 3 months to plaintiff to file say to discharge petition. Six months gone. Is there a time limit rule by which if no reply/say is submitted by other party that my discharge petition be granted in full.
Answers (4)

Answer #1
623 votes
law has not set time limit per se. but you can object after two chances and just because discharge is filed and it is going exparte it does not mean that it will be allowed if it goes uncontested. court will decide on merits
Helpful? LawRato LawRato
Advocate Devendra Singh

Adv. Devendra Singh

LawRato Mumbai | 25+ Answers
Chat with Advocate Devendra Singh Chat 
Answer #2
918 votes
In Criminal Cases, unfortunately there is no rule as such, however, if you need that the PP or APP or Prosecution reply on your Discharge Application instantly, then, in such a case, you need to get your case expedited by filing a Petition in High Court.
Helpful? LawRato LawRato
Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
Chat with Advocate Pankaj Bajaj Chat 
Answer #3
644 votes
There is no timelimit as such, but inordinate delay in filing say on the Discharge Application by the Prosecution is a cause of worry. You can file a case in the concerned High Court against Prosecution, so that, they file their say on Discharge Application as soon as possible.
Helpful? LawRato LawRato
Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
Chat with Advocate Pankaj Bajaj Chat 
Answer #4
525 votes
There is no automatic rule that grants a Discharge Petition if the opposing party fails to file a reply within a set time. However, after prolonged delays, you can request the Court to dispose of the Petition. The judge has discretion to grant further time or decide based on the case's circumstances. You may also file for early disposal or seek action under Section 482 CrPC.
Helpful? LawRato LawRato
Advocate Ranabir Datta

Adv. Ranabir Datta

LawRatoPune | 100+ Answers
Chat with Advocate Ranabir Datta Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato