Appeal against order in an application
Sonia Prabhu
(Querist) 27 March 2014
This query is : Resolved
Dear Experts your advise has always been of great help. Today too I need your help once again.
This is regarding filing an appeal against an order which is issued in an application moved during the pend-ency of a Criminal trial.
Facts:
The first informant and original complainant had moved an application u/s 302 Cr.Pc before the LD Magistrate for seeking permission to Prosecute the trial. The Ld Magistrate took the say of the Accused while deciding this issue and rejected the application and gave the order in favor of the accused.
Now the Applicant wants to challenge this order.
My Question is :
1)As this is not the final judgement of the trial and it is the order issued in an application, What should he go for an Appeal or a Revision.
2)And what will be the jurisdiction.. Sessions court or HC?
Devajyoti Barman
(Expert) 27 March 2014
Revision lies in either sessions court or in high court.
Sonia Prabhu
(Querist) 27 March 2014
SO WHICH MEANS AN APPEAL CANNOT BE FILED IN THIS CASE ?
Sonia Prabhu
(Querist) 27 March 2014
sorry sir I am confused can you please advise me whether it should be Appeal or Revision
Devajyoti Barman
(Expert) 27 March 2014
I have already advised..why do not you read crpc section 397-401.
Sonia Prabhu
(Querist) 29 March 2014
What does it mean if it is said prosecution should be 'Without Prejudice' (with respect to prosecution in criminal trial).
Devajyoti Barman
(Expert) 29 March 2014
'Without prejudice'. what in earth do you mean that in appeal or revision?
Sonia Prabhu
(Querist) 08 April 2014
Query in furtherance with the same
It is principal of law that Trial Court cannot review its order, but my query is in the above order if there is wrong mention that the applicant has relied upon a citation and in actual / reality no citation was submitted by the applicant or his lawyer, in addition there is no record of applicant /lawyer submitting any citation then can it be said that the order is tampering with the facts and under such situation can the trial court review its order?
Devajyoti Barman
(Expert) 09 April 2014
Go for Revision in sessions or high court. You are already advised on this account.
T. Kalaiselvan, Advocate
(Expert) 28 March 2014
