Right to appeal
Vijay Bali
(Querist) 21 January 2013
This query is : Resolved
Right to Appeal to the Hon'ble Sessions Court - against 'Order on Summoning' is barred by law : significant to take into account are -
A. That defendant / respondant argued that a complaint dismissed u/s 203 of CrPC, 1973 is not 'Appelable' with Hon'ble Sessions Court.
B. That defendant / respondant clearly 'Denied to file a written reply against the last Orders of the Hon'ble Sessions and the same was accordingly recorded in the Order - do this carry any legal weightage in favor of the Appellant.
Devajyoti Barman
(Expert) 21 January 2013
The revision before the sessions court is very much maintainable if filed u/s 397CRPC.
Raj Kumar Makkad
(Expert) 22 January 2013
This writing on the part of the respondent/complainant has no meaning in the eyes of law as the matter is to be decided on the basis of alleged appeal though appeal is not maintainable rather revision under section 397 is maintainable in such situation.
