yogita (student) 09 May 2009
Person pleaded guilty in a case filed against him by a state for IPC337 and paid the fine (as per judgement) on the same day to avoid lengthy legal proceedings and harrasments. Is it possible for to recall that restart trial? Or does he go to high-court to grant the leave before 90 days? What are the options?
n.k.sarin (advocate) 09 May 2009
Madam Yogita, It is not possible to the court to recall his judgement.Once judgement delivered,further court has no jurisdiction to change it. only option go to appeal or writ.
Swami Sadashiva Brahmendra Sar (Nil) 09 May 2009
you r absolutely right sarin ji !
Vijay Kumar (Advocate) 10 May 2009
But sirs, when he has pleaded guilty, how can he assail the order of the court before the appellate Court?
| Originally posted by :SHAILESH JAIN. | ||
| " | If the Accused had pleaded guilty voluntarily and with free consent, then it can't be recalled. But lateron he can challenged the judgement in the Appellate Court. | " |
yogita (student) 10 May 2009
Thanks for the comments.
One of the suggestion by a Sr advocate is: " as the case is already closed by paying small amount of fine imposed by the metropolitian magistrate, and if state police is satisfied with the penalty, there is no other reason for a person or an accused to file a writ or appeal in higher court."
V.S.R.Deekshitulu (B.Sc, B.L) 12 May 2009
When one pleads guilty not being under threat or duress, the only remedy open is to file an appeal and show in what circumstances he was made to confess his guilt.
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