Kavitha SG (Housework) 11 December 2018

Do we have a right to file revision application in session ?

Hello Experts,

In sec 125 crpc, my evidence was already done in Jan 2014 and it was closed.In Non 2018, evidence of my husband was taken.

Then, my husband put application under sec 311 to call my evidence again to recover the lakunas from his end and court passed the order.

I filed criminal revision application in District court and first date is now on 20/12/2018. But today, in JMFC court when I put pursis to inform to the court that we have filed revision and asked for date of a month then he denied to give next date and summoned me for evidence.

In this circumstances, Please let me know, don't we have a right to file revision in the District court against the order ?

Thanks in advance.

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2 Replies

Siddharth Srivastava (Advocate) 11 December 2018

file an application in revisional court seeking stay of proceeding.

R Trivedi (advocate.dma@gmail.com) 15 December 2018

S.311 is quite strong and mostly in discretion of court to reach to the truth. It won't be settled in your favour even in sessions court. No stay will be granted to you by sessions, magistrate has to proceed in absence of any stay.