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Siv (engineer)     22 October 2010

application U/s 91 validity in Revision case in High Court

Hi,

 

Does an application U/s 91 of CrPC is maintainable in High Court in a Revision Case. This application U/s 91 is filed in Magistrate Court whereas Magistrate Court did not consider it and passed the orders beofre application U/s 91 is taken for consideration.

 

Case details: Wife is educated and is richer than husband and has many income sources. Wife did not deny the husband counter points and did not produce the docuements that are with her presence that provide information that she has source of income.

Now husband side approached High Court for revision of the order.

Can husband side file same application U/s 91 in the revision case proceedings before he submit his arguments. Is it maintainable as per law.



Learning

 7 Replies

Legal Fighter (Advocate)     22 October 2010

did u file the application u/s 91 CrPC before trial court? Was that filed before the trial court passed the order?

Siv (engineer)     22 October 2010

I filed application U/s 91 of CrPC before magistrate court but, court did not admit it hence no order is passed on it.

But the Magistrate court passed an interim order on the interim application filed by wife before looking into my application U/s 91 of CrPC.

Guna Shekaran R (LAWYER)     22 October 2010

Consult with your advocate he will guide you

adv. rajeev ( rajoo ) (practicing advocate)     22 October 2010

you can urge this fact before the High Court. 

Ravikant Soni (LAWYER IN JAIPUR)     22 October 2010

whether order u/s 91 Cr.P.C. revisable or not???

DEEPAK ASSOCIATES (08010117611)     23 October 2010

order section 91 CrPC is revisionable u/s 397 of CrPC or under section 482 to High Court.

Dear Siv

First of all say to Magistrate to order on your application either side.

The revision is maintainable u/s 397 CrPC, if you aggrieve with the order of magistrate.

Further as regard to the case fie in High court you can submit these fact in your petition and pray to high to summon the record from the opposit party. The High court u/s 482 CrPC can order for without any hindrences.

But did not conceal the fact regarding applicaton u/s 91 before Magistrate is pending.

  

mohansreddy (Advocate)     24 October 2010

It depends upon the facts and circumstances of the case if the relief claimed by you is interllocatory in nature  then you have to file criminal petition as your application is hit by sec 397(3) or else revision is maintainable


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