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Binod Kumar Mishra (Government Service)     28 August 2009

will Criminal Revision Petition lie before sessions court

Dear Members,

1. a party has made a complaint before Magistrate under 420IPC, 406 IPC and 138 of NI Act against three persons intentionally knowing that two persons in the compaliant has nothing to do with this case.

2. at the time of filling case there was a NBW against the complainant itself and knowing to the facts he has given his witness before magistrate.

3. after hearing witnesses the magistrate has issued summons to only one persons under the provisions of NI Act 138.

4. later on the complainant has got Anticipatory bail in the earlier case and he filled the case before Sessions court to include section 420 and 406 of IPC against all the three accused.

5. later on the complainant flasely submitted before the sessions court that a number of criminal cases are pending against accused no.2 (on which the magistrate has not taken cognizence) and then in arguments the lawyer of the accused no.2 has submitted to the court of sessions that i am ready to say in the court on oath that no criminal case is pending against me in the entire country and then the complainant has withdraw the supplementary applications from the court of sessions.

 

6. can you members suggest me the remedy left in the case. will the court of Session will quash the revision petition on merit.

 

an early reply with some citation will be helpful for me.



Learning

 7 Replies

PARTHA P BORBORA (advocate)     28 August 2009

yes a criminal revision lie before the sessions court if the order against which revision is sought passed by a court subordinate to the sessions court.

Uday (Lawyer)     28 August 2009

Mr. Borbora is correct

Kiran Kumar (Lawyer)     28 August 2009

well the revision petition is maintainable, u contest it on merits and if any adverse order is passed against u then u can move before Hon'ble HC for quashing.

 

his applications with false submissions must have been supported by some affidavit, u can prosecute him for giving false statement before the court, may it be he has withdrawn those applications.

 

now what will be fate of revision petition will depend upon the facts and circumstances of the case.

Binod Kumar Mishra (Government Service)     29 August 2009

Dear Kiran Sir,

 

Thanx. The hearing of the case has been completed and the judge has reserved it on the point of order and the date for order is 31.08.2009. i will inform you sir the outcome of the case.

sir one more things, he have filed a supplementary application before the court against accused no.2 and later on withdrawn. earlier he has also filed flase case against me on which the learned court has not taken cognizence. can i sue him in court after the order on revision petition.

 

sir kindly suggest me.

 

binod

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     11 September 2009

U CAN SUE FOR FALSE CASE ON  U

VIKAS PIDIHA (BHOPAL)     19 November 2009

 yes

SANJEEV KUMAR (STUDENT)     29 November 2009

Binod Ji

Now you can file no. of cases against the complainant like

contempt of court/perjuty

defamation case

malicious prosecution

sanjeev 


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