Pushkar (DR) 16 August 2012

Presense of accused in cr. rev proceedings sessions court

Hi,

When a complaint against the prospective accused is dismissed by judicial magistrate and the complainant has filed a criminal revision application in sessions court and has made the state a party along with the prospective accused. Who has a larger role here to argue against the revision. Is it the state or the prospective accused.

Is it necessary at all for the prospective accused to enter these proceedings or is it more a role for the lawyer of the state to argue in favor of the decision of the JM. please let me know as I am a prospective accused in this and have received the summons for session court hearing. I am still deciding whether or not it is mandatory for me to join the proccedings.

Reply Follow

2 Replies

N.K.Assumi (Advocate) 16 August 2012

Session Judge in exercise of revisional power can not passed any order to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by a pleader in his own defence. Accordingly while admitting the revision petition to a regular hearing it is required under the law to issue notice to the accused.