issue of NBW by Magistrate

dk.anand (Querist) 23 September 2009 This query is : Resolved
sir,my friend has submitted application for exemption of hearing with medical certificate in criminal case u/s 420 ipc magistrate outrightly rejected itas no PWS at evidence stage present even.accused filed revison against the order of Magistrate who assigning without any reasons, At revisional judge,advocate withdrawn petition,can it be file again at sessions on any ground or can accused can go to High court for unjustified order of magistrate.riven

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dk.anand (Querist) 23 September 2009
pl.reply as i want to give reply to himriven

Shivasurya (Expert) 23 September 2009
Mr. Anand, every order of magistrate is appealable you can file revision petition either before the Sessions Court or Highcourtriven

Arul Kumar (Expert) 23 September 2009
I Agree with Mr. Shivasurya.riven

dk.anand (Querist) 23 September 2009
sir, thanks for reply.actually.revision was filed at sesions judge against the order of magistrate and sessions judge is not inclined to pass the order so advocate withdaw it dismissed as withdrawn and now 3 months limitation passed over since various dates of hearing of first revison from passing of order of magistrate. weather Fresh revision on the same ground to be filed or any fresh ground after withdrawal can lie before sessions judge again or better to go high court directly against the order of magistrate or against withdrawal.riven

Sarvesh Kumar Sharma Advocate (Expert) 23 September 2009
yes the accused can go to High court for unjustified order of magistrate.riven

Sarvesh Kumar Sharma Advocate (Expert) 23 September 2009
mr. anand,
yes the accused can go to High court for unjustified order of magistrate.riven

charudureja (Expert) 23 September 2009
The order of magistrate can be challengedriven

Message likes : 1 times

SHYAMSUNDAR (Expert) 23 September 2009
You can go in the High Court against that order of dismissal of court of Session and
Period of revision is 30 days and not one month.riven

Sachin Bhatia (Expert) 23 September 2009
You should go for appeal against that order.riven

PARTHA P BORBORA (Expert) 23 September 2009
THE BEST OPTION IS TO FILE A FRESH PETITION U/S 439 PRAYING FOR BAIL WITH A CERTIFIED COPY OF THE REJECT ORDER AND THE MEDICAL CERTIFICATE BEFORE THE SESSIONS JUDGE. I HOPE YOUR APPLICATION SHALL BE ALLOWED.riven

Raj Kumar Makkad (Expert) 23 September 2009
instead of doing all such huge time and energy taking exercise, surrender and seek bail from the original trial court along-with similar or fresh convincing medical documents? I hope magistrate shall definitely take the situation in consideration and shall accept bail maximum subject to some cost.riven