Listing date in high court

GDK,

There is no such thing as second revision, it might be a Writ.

Wait for the outcome, it would be decided soon.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

First, if it is domestic violence case, magistrate court is the trial court and sessions court is the appellate court under section 29 of the Act.  It is not interlocutary order and hence, under Section 397 Cr.P.C. revision lies in the High Court. Further, under Article 227 of the Constitution of India, even writ also lies.

Whether husband filed revision or writ, we do not know.  Whether he filed or he proposed to file, also, we do not know.  In such circumstances, it is very difficult to give appropriate answer to your querry.

If he has already filed writ / revision, find out the latest position and next date of hearing from A.P. High Court web site.  In the evening a day earlier, visit the web site and see the cause list and you can find out in which court the matter is listed.

If he has not filed any writ / revision, then you can file caveat petition and on the first date of hearing itself, the court will hear you also.

Without full details in your querry, in future, I will not respond.

@ Mr. Chandu,

Sir u have mention under sec 397 cr. p.c. revision lies in High Court. Is there any way husband can appeal directly in High Court without going to sessions court.

Revision can be applied either to Session or High Court.

Remedy can be exhausted only once.

Great to know this thanks Shonee Bhai.

Shonee Bhai u said about revision, Same do applies for appel as well

In criminal law,  trial court's order/judgment can be impugned by way of revision and appeal.  If at the first instance, one chooses revision and fails, next he can choose only appeal.  Similarly, if at the first instance, one chooses appeal and fails, next he can choose only revision.  In revision, revisional courts have got limited jurisdiction and they cannot reappreciate the evidence.  If the court, whose order is challenged, has exercised the jurisdiction not vested in it or has failed to exercise the jurisdiction so vested or has acted in exercising its jurisdiction illegally or with material irregularity, then only the revisional court will interfere.  But in appeals, such kind of restrictions are not there and reappreciation of evidence can be under-taken.

But in Domestic Violence cases, the statute itself provided appellate jurisdiction under Section 29 of the Act and there is no revisional jurisdiction vested in the Act.  So, the party can exercise only appeal before session's court and there if it fails then, by virtue of Section 397 of cr.p.c, can go for revision.  Generally, in DV cases, HC will not entertain revision or writ petition if the appeal remedy is not exhausted by the party on the ground that alternative remedy is available before the sessions court.

I am ready to stand corrected in the above analysis.