Sir / Madam,
My in laws attacked my house and fractured the hand of my father. After 3 years of the attack as we refused to withdraw the case they filed 498a and we got acquittal in that case.
The police has ignored the fracture of victim and filed criminal case against the accused under lighter sections of 448 & 323 and the case is initially posted at 2nd class judicial magistrate. Now the case has been transferred to the court of junior civil judge and the section is altered to 326 IPC.
However, chief examination of the complainant is partly done at the lower court. As the prosecutor colluded with the accused , the chief examination which is partly done is not specific.
My doubt is from where the higher court has to begin with. Is it mandatory for the higher court to begin the chief examination from the beginning as the lower court has no jurisdiction in trying the case. Or else is it necessary for the higher court to restart the proceedings from where the lower court stopped. Please cite case laws of higher courts.
Thanks in advance.
