Whether accused can be summoned for the first time in revision
Ashok Batta
(Querist) 17 October 2012
This query is : Resolved
A filed a Criminal complaint case against B before the Magistrate.The Magistrate after recording the entire pre-summoning evidence dismisses the Complaint of A,without summoning B. Now A feeling aggrieved files a Revision Petition before the Sessions Court and the Sessions Court issues summons against B. Now the question is how and under what provision the sessions court could issue the summons to A,when the lower court refused to register the Complaint against A.Sincce the powers under the Revisional Jurisdiction are very limited.What are the remedies available for B ??
Ashok Kumar
Tajobsindia
(Expert) 17 October 2012
1. The Ld. MM dismissed the complaint case under S. 203 CrPC.
2. The provision got used in revision is S. 401 CrPC.
3. Under s. 401 (2) CrPC a revision Court has power to summon Accused persons so that no order under this section be made to the prejudice of the accused unless he has had an opportunity of being heard.
Ashok Batta
(Querist) 18 October 2012
Dear Sir, I fully admit to what you say but here the position is that the accused was never summoned by the Ld. MM at all and the comlaint was dismissed on merits of the pre-summoning evidence.I appreciate that the revisional powers of the ASJ and the Ho'ble High Court are concurrent and the provisions 0f Sec 398(Proviso),Sec.399(2) & Sec 401(2)CrPC are applicable mutatis mutandis. However,here the position is slightly different,as stated above.Please appreciate and advise. Thanks for Ur valuable contribution.
