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Can 323 issue process be challenged in Session court revision?
11-Oct-2023 (In Criminal Law)
1 year back, my family had a fight with one of my relative and we got NC registered against him in police station. After an year , he has filed SCC case on us (323, 504,506 & 34) and judge has done Issue process against us also.Summon has been issued to us and have to apply for bail on 1st hearing. This is a Private complaint. My question is: Right now, can we apply for a revision in Session Court or we cannot ? Do we need to wait for some order to be passed by lower court or before 1st hearing, we can get a stay through Session Court ?
One lawyer guided me that since only issue has been processed, you cannot apply for any revision in session court till some order has been passed by Lower Court. Is that true ?
You have a right to file revision in session court U/s 297 Cr.pc and pray to quash the issue process order. You have also again remedy available after the process of evidence before charge. Your advocate will take the cross of the complainant for rebbutt the allegations and argue to discharge you. If court passes order that there is material evidence prima facie then also you can challenge the said order by filing the revision
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Adv. Khursheed Anwar Qureshi
Pune | 25+ Answers
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