Appeal to in delhi high court against sessions order
V.N.K. MENON
(Querist) 14 October 2013
This query is : Resolved
Background In a nut-shell:
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A complaint was filed in January 2012 before ACMM who found substance in the complaint, ordered police investigation, IO submitted his status report, at the instance of complainant directed IO to produce documents upon which his report is based. Thereafter complainant submitted protest petition to reject the status report .
New ACMM took over in October 2012, IO was directed to reply, listed for arguments.
Present ACMM presided over, dismissed the complaint in hurry on the first day itself.
Revision Petition was filed in Sessions by Complainant. Notice was sent to Opposite Party. Opposite party submitted reply, thereafter listed for arguments. Complainant submitted written arguments since the Opposite Party is very tricky and he was anticipated to mislead the court. The Opposite Party has tainted course and conduct and to his discredit is a chronic law-breaker including graft cases against him was already highlighted. But unfortunately the case was dismissed by Sessions after submission of written arguments by complainant and oral arguments – Complainant is yet to get a certified copy of order of dismissal.
The query is:-
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(a) whether application for leave to file Appeal in High Court has to be made under Sec.378(4) CrPC as victim by invoking his right under Sec.372.
(b) In the Appeal to the H/Court, can complainant make additions/deletions to what has been enumerated in the revision petition.
Shall appreciate Ld. experts’ views, please.
Raj Kumar Makkad
(Expert) 14 October 2013
a. Yes.
b. no. As the revision is based upon the order passed by lower courts on the facts on the file.
R.K Nanda
(Expert) 14 October 2013
nothing to add more.
Rajendra K Goyal
(Expert) 15 October 2013
a) Yes
b) no
Agree with expert Raj Kumar Makkad ji.
V.N.K. MENON
(Querist) 15 October 2013
Indeed grateful to Respected Mr. Makkad, Mr. Barman, Mr. Nanda, Mr.Sarvesh and Mr. Rajendra.
Regards,
menon
