Revision in session court
Vaishali
(Querist) 04 April 2014
This query is : Resolved
I DONT HAVE LOCAL COLLEAGUES. I LIVE IN FARIDABAD AND THE CASE BELOW WAS BEING FOUGHT IN DELHI.
My Criminal Complaint was dismissed on 26-09-2011 for lack of prosecution by the Complainant. My Counsel kept me in the dark saying the Order is reserved. Now my Counsel has given me an affidavit saying it is his fault and I should not be punished and Complaint be restored. I wish to file a Revision Petition in the Sessions Court. What is the time limit to file a Revision? Do I need to also file an application u/s 5 of the Limitation act? Under which section shall I file the revision ? (397 of the Cr.Pc). By how many days is my Revision late?
The certified copy of the order (dated 26-9-2011) was prepared on 3-3-2014 and delivered to the Complainant's Counsel on 12-03-2014 and the Counsel delivered it to the Complainant on 27-3-2014. Aggrieved by the said Order dated 26-09-2011, the Complainant filed a Revision Petition no. 7808 of 2014 on 31-3-2014.
The same was heard by this Sessions Court on 2-2-2014 and was pleased to dispose it off with liberty to the Complainant to file proper Revision Petition against the impugned order dated 26-09-2011.
The Court remarked that the format is incorrect.
PLEASE HELP INSTEAD OF CLOSING THE QUERY OR SENDING ME FRIVOLOUS REPLIES. I AM NOT AN ADVOCATE EITHER.
ajay sethi
(Expert) 04 April 2014
if format in which you filed is incorrect contact local lawyer and file revision application in proper format . court has granted you liberty to file fresh revision application .
in your revision application you have to explain the delay of over 2 years in filing revision application . when did you come to know of disposal of complaint ?. enclose copy of affidavit of your earlier advocate admitting his mistake in not informing you . revision has to be filed within period of 90 days
Rajendra K Goyal
(Expert) 04 April 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Time-limit-to-file-revision-in-sessions-464236.asp#.Uz6jkVdRy_I
ajay sethi
(Expert) 04 April 2014
why do you waste our time by raising repeated queries ?
Vaishali
(Querist) 05 April 2014
Mr. Devajyoti Barman wasted my time by closing my query without replying. Mr.Ajay Sethi why don't you enquire before being rude?
Vaishali
(Querist) 05 April 2014
If 90 days is the time available to file Revision in Sessions Court and court holidays can be deducted from these 90 days, then do I have to calculate the delay from 26-09-2011 + 90 days - court holidays ? Do I have to calculate the delay in number of days and mention the same in a separate application for condonation of delay u/s 5 of the Limitation Act to be attached to the Revision Petition?
Nadeem Qureshi
(Expert) 06 April 2014
holiday can be deducted only if that on the 90th day there was a holiday and court was closed then only and not all holidays.
for revision the word is mention 90 days and not 90 working days.
so 26-09-2011 to 90 days or after obtaining certified copy of order to 90 days.
con donation of delay application should be filed u/s 5 of LA
