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ashok kumar (Social Worker)     06 August 2014

Filing of affidavit & application in revision petition

Filing of Affidavit & Application in Revision Petition

In a delay condonation application (under Section 5)  filed with the Revision Petition under Section 397/399 of CrPC challenging the cognizance order, the petitioner sought to file the affidavit in support of the application and also an application to correct some typographical error (only syntax related) before the arguments but the ADJ Court refused to entertain both saying that there is no such provision in the CrPC and that the affidavit should have been filed alongwith the original petition only and the application for correction of syntax cannot be filed anytime

 

Is the Court justified in taking this stand?

Can the Court refuse the application and affidavit in this manner?

Please comment on this giving suitable citation and the related law.



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