Revision against notice of accusation is maintainable in 138 n.i act or not?
Tarun
(Querist) 30 August 2012
This query is : Resolved
IS REVISION AGAINST NOTICE OF ACCUSATION IN 138 N.I ACT IS MAINTAINABLE AGAINST ORDER OF MAGISTRATE IN SESSION COURT OR NOT? IS IT NOTICE OF ACCUSATION IS LIKE CHARGE OR NOT ? IF YES PLZ GIVE ME SOME CITATIONS/JUDGEMENTS.
ajay sethi
(Expert) 30 August 2012
the only remedy available to an aggrieved accused to challenge an order in an interlocutory stage is the extraordinary remedy under Section 482 of the Code and not by way of an application to recall the summons or to seek discharge which is not contemplated in the trial of a summons case.
As observed by the Hon'ble Supreme Court in 2004 Crl.L.J. 4874 [Adalat Prasad v. Rooplal Jindal] and in view of the decision rendered by the Hon'ble Supreme Court in 2005 SCC (Crl) 242 [Subramanium Sethuraman v. State of Maharashtra and another], this Court holds that a revision filed by this petitioner challenging the issuance of summons to the accused is not maintainable.
ajay sethi
(Expert) 30 August 2012
Madras High Court
V. Selvam vs M/S. Shanthi Processing Unit Pvt. ... on 24 August, 2009
DATED 24.08.2009
CORAM
THE HONOURABLE MR. JUSTICE T.SUDANTHIRAM
Crl.R.C.No.526 of 2009
and
M.P.No.1 of 2009
V. Selvam .. Petitioner
Versus
M/s. Shanthi Processing Unit Pvt. Ltd.,
3/1, Thillai Nagar 1st Street, KRP Nagar,
Pallipalayam, Erode-8,
represented by its Manager/Shareholder
/Authorised Person .. Respondent
PRAYER : Criminal Revision Petition filed under Section 397 & 401 of Code of Criminal Procedure, to call for the records in the above C.C.No.233 of 2009 on the file of Judicial Magistrate No.I, Erode dated 29.04.2009, set aside the order of issuance of process to the petitioner herein.
held revision not maintanable
