Remanding the case
K.C.Suresh
(Querist) 06 April 2009
This query is : Resolved
The Special court passed an order u/s 156(3) of Cr.P.C to register a case and investigate the complaint.
The accused challenged the order before the HC for the 3 reasons
1] The special judge is not competent to send the complaint U/s 156(3)
2] The accused are not Public servants and so the Special Court lacks jurisdiction to entertain the case
3] The court is errored in sendingt the case to police u/s 156(3)Cr.P.C with out conducting and enquiry on the complaint
The HC quashed the order of the special sourt and remanded back the case to special court for re-considering the above three points. The order in sending the case back to special court whether legal?
M. PIRAVI PERUMAL
(Expert) 06 April 2009
Full text of the order is required to form an opinion and provide reply to your query.
Ashey
(Expert) 06 April 2009
Full text of the order is required to form an opinion and provide reply to your query
Uma parameswaran
(Expert) 07 April 2009
My opinion is that ,If the High Court quash the Special Court order by considering three reasons put forward by the accused then the accused have the right to challenge the order in sending the case back to special Court for considering same reason.
