Revision

Arvind Singh Chauhan (Querist) 24 December 2013 This query is : Resolved
Complaint was dismissed at the stage of 203 Cr.P.C. Complainant filed revision against the dismissal order.

Later revision was also dismissed on the ground that accused were not made party in revision.

Whether fresh complaint is maintainable after the dismissal?

Whether Accused can be arrayed as party in earlier revision ? ( Not a civil case ).

I am from the accused side.

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Devajyoti Barman (Expert) 24 December 2013
Yes, supreme court ahs made it clear that in revision the accused shall have to be made a party.
You better file a fresh complaint.

BAALASUBRAMANNYAMM (Expert) 24 December 2013
Respected Barman ji,
In such a case, the question of "cause of action", would also creates a query in maintaining a fresh complaint or not.Kindly clarify my doubt.

T. Kalaiselvan, Advocate (Expert) 25 December 2013
Mr. Baala, there is a cause of action existing in the previous complaint itself, the complaint was dismissed for non inclusion of accused as a party, it is not a case of re-judicata, so a fresh complaint is maintainable.

Arvind Singh Chauhan (Querist) 25 December 2013
Sir revisionist has added accuseds name in previous revision, Whether it is permissible in criminal matter ?

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