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Jaswant (Student)     29 October 2010

Revision Appeal - Applicant not appearing. Advice law...

Sirs, please advice urgently.

Via Criminal Revision appeal the applicant (original complainant) filed appeal IN sessions court against order of trial court that allowed recall of complainant to answer certain questions. Original complainant does not want to answer such questions as they would implicate him and may lead to acquital of the accused. Thus, Original complainant/applicant has not appeared before sessions court since many months. QUESTION: under what section can the respondent ask for the dissmisal of the revision appeal, due to failure of the applicant/original complainant or his advocate to be present. PLEASE ADVICE URGENTLY.

Thank you in advance.



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 4 Replies

INDU SHEKHAR (Associate advocate)     29 October 2010

Revision-petition automatically dismiss due to Non-appearance of the revisionist.

INDU SHEKHAR (Associate advocate)     29 October 2010

There is no need to ask  the court to dismiss the revision petition, it is court duty to dismiss the revision petition. One strange thing is here ,if the revisionist is not appear in the court how 's it possible the revision petition is going on?  

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 November 2010

Thanks in advance is no solution.

SACHIN AGARWAL (ADVOCATE)     15 December 2010

Once the Revision has been admitted for hearing, it cannot be dismissed due to the absence of the revisionist. It is to be decided on merits.

 

You can ask your Lawyer to request the Court to decide the revision on merits even in the absence of the revisionist.

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