Alternative prayers in section 482 crpc petition before high court

[Anonymous]

I want to file a quash petition before high court under section 482 crpc. My advocate told me that chances are less for quashing success in criminal case. Then can I make an alternative prayer in this petition that at least the trial should be expedited by directing trial court to hold day to day proceedings? Will high court allow such alternative prayer, i.e., (1) for quashing of criminal case; (2) in the alternative, to direct expeditious trial on day to day basis?

[Dr. Ashok Dhamija]

Legally there is no bar on making alternative prayers of the type mentioned by you in your petition before the high court. However, if you add the alternative prayer of directing expeditious trial if the court does not quash the criminal proceedings, it may perhaps dilute the force of your main prayer.

Usually, there is always a general prayer at the end, such as the following (the language may differ): “Grant such other and further relief as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice”. So, if your main prayer is not granted, then the high court can direct expeditious trial under such general prayer also, if pressed during the oral arguments. But, in any case, it is up to you if you want to include a specific alternative prayer as mentioned by you.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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