Revision/appeal against case dismissed in default
vikas raj sharma
(Querist) 30 January 2015
This query is : Resolved
SIR, I WAS ACQUITTED ALONG WITH MY FAMILY MEMBERS IN 498A/406 CASE BY JMIC IN SEP 2013. AFTER 77 DAYS MY WIFE FILEED APPEAL BEFORE SESSION UNDER 372 CRPC WHICH WAS FILLED LATE AS PER LIMITATION ACT.( 60 DAYS AS DIRECTED BY PUNJAB AND HARYANA HIGH COURT IN AFULL BENCH JUDGEMENT TATA STEELS VS ATMA RAM TUBES CASE) WHEN AFTER 9MONTHS IT COME FOR FINAL ARGUMENT IT WAS DISCLOSED BEFORE THE COURT BY MY LAWYERS THAT NO CON DONATION APPLICATION HAS BEEN FILLED, COURT GIVE 10 DAYS TO SHOW THAT CON DONATION CAN BE FILLED AT THIS STAGE BUT AT NEXT DATE NO ONE APPEAR BEFORE THE COURT SO ADJ DISMISSED THE CASE IN DEFAULT. NOW THE DIVORCE PETITION IN HIGH COURT HAS BEEN COME FOR FINAL ARGUMENT. WE PLACE ALL CRIMINAL JUDGMENT BEFORE THE HON JUSTICE VIA CM MY IN FAO-M CASE. NOW MY QUESTION CAN OTHER PARTY FILE REVISION OR APPEAL AGAINST THE ORDER OF SESSION, THOUGH MORE THAN 4 MONTHS HAS BEEN PASSED. IF YES UNDER WHAT SECTION OF CRPC?
IS THEY HAVE TO FILE CONDONATION BEFORE THIS APPEAL/REVISION BEFORE HIGH COURT?
Devajyoti Barman
(Expert) 31 January 2015
Yes, they can file revision of the dismissal order with section 5 of limitation act application.
bablu roy
(Expert) 01 February 2015
Yes they can file CRIMINAL RIVISION APPLICANTION U.S. 397 OF CR P.C but with condonation of dealy
T. Kalaiselvan, Advocate
(Expert) 02 February 2015
I agree with the views of Advocate defense which is apt to the query raised by the author.
Rajendra K Goyal
(Expert) 03 February 2015
Agree with the expert ADVOCATE DEFENSE.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 February 2015
