Dear Sir,
I need some clarity regarding Section 482 of the CrPC. My husband is accused in a case, but the police have removed him from the chargesheet they submitted to the court. My lawyer suggested filing a Section 482 petition in the Punjab and Chandigarh High Court to challenge this.
Can you please explain if a reinvestigation ordered by the court would be truly unbiased? Also, could you clarify when I should file a Section 482 petition – before, after, or even after the chargesheet is presented in the Sessions Court?
Thank you for your time.
Best Answer
Under Section 482 of CrPC, the High Court can intervene in criminal proceedings if there is a miscarriage of justice. While the court aims for impartiality in ordering reinvestigation, perceived bias is a concern. A Section 482 petition can be filed before, after the chargesheet is filed, or even after it is presented in the Sessions Court, depending on the specific facts and legal arguments.
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