garima 18 February 2016

Cr. p. c. 319 dissmissed

Dear Experts,

Application under Section 319 of Cr.P.C. in a 498a case has been dismissed by lower court and session court also. PW is also closed. Is there any provision after closure of PW to file revision appeal against the orders of lower court and session court on application under section 319 of Cr.P.C. Kindly advise.

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ROHIT SHARMA (Legal Advisor ) 18 February 2016

1. Yes, an appeal can lie against the order made in context with an application made u/s 319 of Cr.P.C. despite the fact that PW has closed.

garima 18 February 2016

sir, but our lawyer is saying now matter of 319 closed.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 18 February 2016

There can be no appeal in the scenario of an application u/s 319 crpc being closed . Appeals can lie only in cases where section 372 permit them to be filed . The only Option is revision but since the said application has been rejected by the sessions court as wel , the same has obviously been already explored .

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