Revesion against charges framed
JAIME
(Querist) 07 January 2023
This query is : Resolved
SIR,
MY CRIMINAL WRIT PETITION IS PENDING BEFORE THE HIGH COURT ON MATTER U/S 195 R/W 304. THE JUSTICE OF HIGH COURT DID NOT GRANT EXPART STAY AND SUMMOND THE RESPONDENT HOWEVER THE RESPONDENT DECLINED TO RECEIVE THE SUMMON TO APPEAR BEFORE THE HIGH COURT AND INSTEAD THE BAILIFF RETURNED STATING THAT THE RESPONDENT IS NOT RESIDING AT THE SAID ADDRESS.
MEANWHILE THE CRIMINAL CASE IS CONTINUING BEFORE THE TRIAL COURT AND THE TRIAL COURT FRAMED CHARGE WITHOUT PASSING ORDER ON ARGUMENT BEFORE FRAMING CHARGE. IN THIS CASE IS IT PERMITTED BY LAW TO FILE REVISION APPLICATION BEFORE THE DISTRICT AND SESSIONS COURT OR WILL THIS BE CONTEMPT OF COURT. THANK YOU FOR YOUR REPLY
kavksatyanarayana
(Expert) 07 January 2023
What is the opinion of your advocate? No revision application. You have to file your counter on the charge.
SHIRISH PAWAR, 7738990900
(Expert) 08 January 2023
Hello,
You have already filed the writ in High Court so any application before a lower court will not be maintainable.
Dr J C Vashista
(Expert) 09 January 2023
Contact and consult your lawyer who is well aware about facts and circumstances of the case, an able, competent, intelligent enough and paid to satisfy your query without any delay or hesitation, if you have faith in him/her, otherwise change him/her immediately.
T. Kalaiselvan, Advocate
(Expert) 09 January 2023
The court cannot pass an exparte stay order merely on the basis of your application in the writ petition.
The court has to be satisfied with the circumstances in order to pass any such orders, hence the court has sent notice to the respondent to hear his objection. If you suspect the court bailiff to have played fraud then you can pray for private notice through courier service or by registered post.
If the criminal case is pending before trial court then you could have filed a petition under section 482 cr.p.c. and would have requested for a stay of the proceedings instead of filing a writ petition invoking article 227 of the constitution.
Since you have opted for WP (it appears to be inappropriate), you cannot get any relief by overlooking the procedures that are to be followed scrupulously for conduct of writ petition.
You wait for the high court's decision
P. Venu
(Expert) 19 January 2023
Are you the complainant or the accused? Who is the respondent in the matter? Is it a private complaint? What is the offence alleged?
