Reliefs granted in revision petition
mohanlal
(Querist) 10 May 2014
This query is : Resolved
By filing a criminal revision petition u/s 397 r/w 401 of Cr.P.C. in the High Court, I had sought to challenge a maintenance Order passed under section 125 of Cr.P.C. by Family Court allowing the application granting maintenance to my wife. Since I could not cross-examine the prosecution witnesses and from that stage I could not participate in the proceedings.
The revision was allowed and trial court was directed to allow me to cross-examine the prosecution witnesses and continue the proceedings therefrom and proceed as per law.
However the clever Senior Counsel for the Respondent (i. e. Counsel of my wife) asked one relief from the Court that the prosecution witnesses want to submit one more document which they could not lead earlier and the same was granted by the court despite my strong objection.
Queries:
1. Whether exercising revisional jurisdiction, the High Court was right in granting such a relief to the prosecution (i.e. my Wife) to lead more documents at this stage when they already deposed as a prosecution witnesses and submitted documents which they rely upon.
2. As per my knowledge, the same relief could have been left to the trial court to decide on merit after hearing parties because it lies within the jurisdiction of trial court?
3. What is next remedy available to assail this prejudicial relief sought by the said Counsel, because granting such relief is tantamount to allowing the prosecution to lead further evidence in the case which is not proper to grant by the High Court at this stage?
4. Any helpful Citations etc.?
Correct me if I am wrong!
Devajyoti Barman
(Expert) 10 May 2014
1. The High Court was wrong in doing this since the wife did not apply for any such relief by way of separate revision petition.
2. Yes, you are right.
3.Now Supreme court is only remedial forum.
4. citations are not supplied here.
ajay sethi
(Expert) 11 May 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 11 May 2014
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 11 May 2014
I agree with the expert opinion by Mr. Barman, the relief is now available with the Supreme court only.
