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Prof. P S Sawhney (none)     17 March 2010

Criminal Appeal


A Criminal Misc. Peition under Sec.482 of CrPC, was filed in the High Court charging an indivisual for: [i] forgery and [ii]perjury. on well documented evidence. The ld. single judge has disposed of the same on the ground that the petitioner should have approached the Magistrate under Sec.200 CrPC by filing an appliction undr Sec.156[3]  etc, when the HC itself has held, in one of the annuxrue that some six documents are missing from the record. In the end the single judge has said if the petitioner is agrieved from his order,he should file an appeal.

Pl. let me know under what Section ans appeal can befiled in the HC?

 



Learning

 2 Replies

Rajan Salvi (Lawyer)     17 March 2010

What the Hon'ble High has held is correct. Inherent Powers u/s 482 are to be used sparingly and when there is no alternative remedy. You have an alternative remedy in approaching the Ld. Magistrate. Instead of filing appeal , first approach the Magistrate and do as the High COurt has directed.

Prof. P S Sawhney (none)     18 March 2010

Many ,many thanks for my ld. friend Shri Rahan Salvi, advocate.May God bless you for the correct advice.


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