A private complaint u/s 156(3) CRPC about frauds played in registered sale deeds of same private property was filed u/s 420, 467, 468, 471, 409, 406 & 120B IPC against set of four buyers etc. It was filed ‘in a court falling under the High court of Allahabad’. Trial Court itself registered the case after police report, and also later issued Summoning order u/s 204 CRPC whereby11 accused were summoned to face trial u/s 420 IPC. Five of these accused filed two revision petitions before the Session Judge u/s 397 CRPC, without even appearing before the trial court. Revision petitions were merged & passed to the court of ‘Additional Session Judge’ for further hearing.
I intend to take following pleadings in the revision court:
1. Prima facie criminal case has been made out.
2. It is not rarest of rare cases.
3. It is not a case of civil nature (i.e. plea taken by 5 accused without pleading not-guilty).
4. Revision of summoning order is not maintainable u/s 397 (2) CRPC as it is an interlocutory order.
Q1: Could you please suggest the details of latest orders by the Supreme Court and Allahabad High Court in favor of above issues?
Q2: If the said revision petition is dismissed and decided in favor of original complainant (that’s me) then is such a court order appeal-able in High Court which is prohibited u/s 397(3) CRPC?
Q3: What will happen to other 6 summoned in above case?
Q4: At what stage can I file a caveat in High Court and Supreme Court, so that this case is not further registered there by any of these 11 accused?
Thanks.
