Appeal against the order of cjm
inderjeet
(Querist) 16 June 2020
This query is : Resolved
An FIR was registered u/s 354, 354(B) sexually assault and modesty of woman. The police did not investigate properly and made the case weak as against whom the FIR was lodged very influence person with locality. The court accepted the cancellation report. My query is that can I appeal against the order of cancellation report to District and Sessions Judge to reinvestigate my case. Please guide me in this crucial time in lockdown.
Raj Kumar Makkad
(Expert) 16 June 2020
You might have filed a Protest petition against the cancellation report. If yes, then persue the same which shall be treated as a private complaint.
No appeal can be filed against the report of the police in the upper court rather you may make repressentation to the higher officials if any point has not been investigated properly or any evidence has not been taken into consideration by the investigating officer.
inderjeet
(Querist) 16 June 2020
Cancellation report accepted by JMIC. Any remedy left since investigating officer at the time did not taken material evidence.
Dr J C Vashista
(Expert) 17 June 2020
You can file a revision petition before District & Sessions Court assailing the orders passed by JMIC dismissing the protest petition.
P. Venu
(Expert) 17 June 2020
Your postings are silent on whether you have filed protest petition or otherwise.
inderjeet
(Querist) 17 June 2020
After investigations police submitted cancellation report to JMIC. I filed objections to cancellation report and reply to objections filed by state. After consideration on next date court orders for acceptance of cancellation of report. Now I want to go for appeal or revision against the cancellation report. Please guide.
Raj Kumar Makkad
(Expert) 17 June 2020
As your protest petition has been diclined, revision lies before high court.
inderjeet
(Querist) 18 June 2020
Dear advocates could you please remove my confusion cancellation report accepted by JMIC now do I file revision petition before district and sessions court or high court.
venkatesh Rao
(Expert) 18 June 2020
Both the High Court and sessions court have concurrent jurisdiction as far as revisional powers are concerned. But, as a rule of prudence, you may invoke the jurisdiction of sessions judge.
Rajendra K Goyal
(Expert) 19 June 2020
You may proceed before the Session Court.
inderjeet
(Querist) 19 June 2020
Thanks all concerned advocates
