please help
sajoli
(Querist) 08 March 2011
This query is : Resolved
my documents(ration card n photo id) were ceased by the IO during investigation.i filled an application in the magistrates court for getting back my documents ,which was rejected.the charge sheet has been filed but trial has not yet started.
what am i supposed to do to get them back?
1)Am i to go to the sessions court for revision ? or
2)to file a writ petition against the state in the high court?
please suggest what are my best options.
sajoli
(Querist) 09 March 2011
my advocate is pressing for writ as he say sessions has no jurisdiction for inter locutary revision.
vijayan
(Expert) 09 March 2011
purpose for which seizure of ration card and photo id is effected by IO is important. In normal situations of a criminal case, these documents can not be seized. please clarify what is the charge.
jitendra narain sinha
(Expert) 09 March 2011
file an application for quashing u/s 482 of the criminal procedure code.