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Siv (engineer)     11 June 2014

498a court said accused shall not seek docs from pws u/s 91

Hi,

 

Court dimissed CrPC-91 Application by saying that Accused shall not ask U/s 91 of CrPC to court to direct the PWs to submit the documents that are available with them.....

 

Can I challenge such order.

Should I file Revision or Appeal on the order of CrPC-91 application.

 

Stage of the case is: after 313 CrPC is done and is for Accused evidence.



Learning

 9 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 June 2014

You should appeal against that order in the High Court and file Criminal Writ.

 

Please see my post bellow: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U5h1nHam9dg

Siv (engineer)     12 June 2014

Dear Satyaprakash sir,

 

How could it be Appeal because the order is not final judgement of Case... this is the order passed in case of Miscelleneous Petition ....

 

Earlier I filed the Miscelleneous Petition in 498A case U/s 239 of CrPC and the dismissal order of this petition was challenged through Revision in High Court....

 

Plz calrify your suggestion/advice.... thank you.

Siv (engineer)     12 June 2014

Can anyone refer me citation that helps me to file Revision ....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 June 2014

Any certified order you can challenge at any stage by filing an appeal.

 

Revision is only to correct any errors in the order.

Siv (engineer)     12 June 2014

Dear Satyaprakash sir,

 

You suggested that I can file writ petition .... it is absolutely false .... if any remedy is available through some procedure then filing Writ Petition is absolutely not maintainable....

 

This is the basics of Writ Petition.... sorry to say this.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 June 2014

I said Criminal Writ(Article 227 for Appeal).

 

Not Civil Wirt(Article 226).

Siv (engineer)     12 June 2014

While CrPC has the provision to make appeal against the order of court... how come Article 227 can be invoked....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 June 2014

You can appeal the certified copy of the order in any appellate court with proper CrPCs if you are aggrieved.

 

However, if it is High Court (CRIMINAL APPELLATE JURISDICTION) then you should file appeal with Article 227 along with appropriate CrPCs for appeal else the petition will be rejected for the lack of determination.

 

For example, to appeal perjury you should use Article 227 and 341 CrPC (Appeal).

 

Got it?

Siv (engineer)     13 June 2014

Why not only uncer CrPC appeal can be made.... why to invoke Article 227 


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