Can case be refiled again after 12 years

977 votes

The power conferred on a magistrates’ court under Section 142 of the Act will not be exercisable in relation to any sentence or order imposed by it in the following circumstances:

1. That the Crown Court has determined an appeal against:

That sentence or order
The conviction in respect of which that sentence or order was imposed or made
Any other sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of that conviction
2. Where the High Court has determined a case stated for the opinion of that court on any question arising in any proceedings leading to or resulting from the imposition or making of the sentence or order.

The basis notion under this Section of the Magistrates’ Court Act 1980 is that the case cannot be reopened by a magistrates’ court when there is still a situation arising concerning the original criminal conviction.

Advocate JK Patel LawRato

993 votes

In my opinion, no. Only under exceptional circumstances by establishing what is termed as "Sufficient Cause" a delay of such a long period can be condoned. But the chances of that happening are very rare. Though your query does not clearly explain your grievance however I hope that it has answered your question.

Advocate Aakarshan Aditya LawRato

512 votes

Hi Gaurav, please let us know as to wether your case in Delhi Court was disposed of or dismissed. If you can share more details on this we will be able to help. If you have case no. you can pass to us we will get the details and guide you. We are not able to advise you at this stage due to lack of information. Regds

Advocate Wg Cdr Ajit Kakkar (Retd) LawRato

914 votes

Hi, normally so much delay is not acceptable but if you convince the Hon'ble court/AFT that the valid reason for not proceeding these much years, you may be heard. Also, please mention the details of case.

Advocate Ganesh Singh LawRato