Ex-parte order of the court
S.D. Singh
(Querist) 25 July 2010
This query is : Resolved
A final report was submitted by police to the court. The complainant filed protest against the final report. However after filing the protest he did not attend the court dates. And court passed the judgementex-parte stating that since the complainant has not attended the court on so many dates, the Final report is accepted. Now what remedies are availabe to the complainant and within what statutory time.
Devajyoti Barman
(Expert) 25 July 2010
You can file revision either in the court of sessions or the high court wherein the court can dispose of the explanations for the absence as well illegality in accepting the final report.
The limitations are 60n days for the sessions court and 90 days for the high court from the date of order. If that period has expired in the meantime then also you could file the same along with a petition u/s 5 of the limitations act for condonation of delay.
s.subramanian
(Expert) 25 July 2010
yes.i endorse the view of burman.
Yamalapalli Haribob
(Expert) 25 July 2010
Even after acceptance of final report,still the complainant had opportunity to file protest petition and adduce his evidence.On the basis of the evidence the court will take cognizance of the offence and summon the accused.If the court came to conclusion that there are no material to proceed against accused,the complaint will be dismissed.Then the complainantcan prefer revision.Here your complaint is dismissed for deafault due to your absence.So the option is you have to prefer revision before high court for restoration of complainant.
