Chandra (owner) 19 June 2013

Applicants affidavit in criminal revision application

I have some urgent queruies which I requests various experts on this forum to answer. Nearly a year ago, a Criminal Revision Application was filed in a Sessions Court.. Till date, the Criminal Revision neither contains the Applicant's signature nor has any supporting affidavit been provided. The queries I have are:

1. What sections of the CrPC require that a supporting affidavit and/or the applicatts signature to be provided with a Revision Application?

2. Is such a Revision Application containing such a serious irregularity legally admissable, tenable, or actionable?

3. Can any judgment or order be passed on the basis of such a Revision Appication?

4. In such a case, where only a Revision Application exists with the advocates signature and a Vakalatname is on file signed by the applicants, on whom is the responsibility for making false statements to be fixed? The applicants can always say that they did not authorize the false contents and the advocate can say that he got the iinformation from the applicants.

5. What steps need to be taken to force the applicants to either provide a supporting affidavit to the filed Revision Application, or sign it?

Thank you.

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6 Replies

Chandra (owner) 19 June 2013

I forgot to mention that the applicants currently reside outside India.

Divya (nil) 19 June 2013

Hello Sir,

Even i have the same doubt but my position is that the Respondents have not signed any affidavit or verifed the contents

Even I feel, tomorrow the people may back out by using some decisions that they are not answerable...Hence even Im waiting for expert opinions as my query is same.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 20 June 2013

Dear Querist

you should contact a lawyer personally, you can easily bear consultation fee

Divya (nil) 20 June 2013

Hello Nadeem Sir,

Actually I am fighting the case as in-person & i would be highly obliged if u cud impart some info on this as even I am very confused...

I am the applicant & the respondents have filed arguments & the arguments dont bear rwo things which are very evident:

1. it does not have the lawyer's signature

2. it does not have the reposndent's signature too.

Tomorrow if I tell court that respondents have committed perjury or contempt of court for "x" reasons then respondents may deny in the future, their lawyers could also deny in future....And to top it, criminal procedure code does not have any provision like CPC has where verification is compulsory by a party on any application filed in the court..

I request u to give me some guidance on this issue

Thankyou,

Chandra (owner) 21 June 2013

To the best of my knowledge there is nothing in the CrPC or the Criminal Manual which requires a verification, or any means to explicitly tie the litigant with the revision application. A Vakalatnama isn't enough. However, in rare cases where there is available precedent that the litigant has made conflicting cases in a court filing, then therese should be presented as evidence to the Judge in support of a request to pass an Order demanding that the litigants file a supporting affidavit or sign the revision application.

Chandra (owner) 24 June 2013

Divya: If you are presently fighting the case and neither the respondents nor the lawyers signature are on the filings, and if the case is still active, then immediately petition the Judge to Order one of them to place their signatures on the said filings.