appeal or revision
Pardeep Kumar
(Querist) 11 May 2014
This query is : Resolved
R/ sir,
I filed an application u/s 156(3) crpc before the magistrate who took my apllication as complaint without recording any reason
And recorded the statement of applicant to deliberately to dismiss the complaint.
Now my quarry is that what shud I do. File an appeal or revision .
There are two orders one in which magistrate treats application as complaint and other in which he dismissed the complaint.
Rajendra K Goyal
(Expert) 12 May 2014
Consult your lawyer and show him the orders.
Revision lies in session court or the high court.
R.K Nanda
(Expert) 12 May 2014
revision is the remedy.
Biswanath Roy
(Expert) 12 May 2014
The complaint which was rejected by the Learned Magistrate has shown some grounds for rejection . So you are requested to disclose the cause shown by the Magistrate first to determine whether or not Revision lies or such complaint can be remedied by a fresh application under Sec.200 Cr.PC.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
I agree with the valuable opinion rendered by learned senior expert Mr. Roy sir on the subject.However on the face, a revision will lie.
Biswanath Roy
(Expert) 13 May 2014
If Revision fails in the High Court the grievance cannot be re-opened, whereas If petition u/s.200 Cr.PC fails one can file Revision in the High Court u/s.401 Cr.PC.
