Legal Question in Criminal Law in India
after dismissal of petition u/s 482 Cr.P.C, can the petition be filed in a writ u/s 226in the same court?
Asked on 6/12/10, 9:56 am
2 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
in case the petition is dismissed on technical grounds and not on merits, the same can be filed.
Answered on 6/17/10, 3:21 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
No. The dismissal of a petition u/s 482 Cr. P. C. may operate a complete bar on invoking jurisdiction under Article 226. Even otherwise, the power and jurisdiction of the High Court under both the provisions being same, only one of the two remedies can be availed.
Answered on 6/18/10, 6:04 am
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