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Can a revision/appeal happen in case a criminal case is detected
07-Jul-2023 (In Criminal Law)
Please guide us, A JMFC court has in his order while dismissing a C Summary criminal case has said that he has detected an offence and has declined to issue the process in this case. Our lawyer has failed to submit our evidence collected in this matter. In the same order, he has while dismissing the protest petition also noted that he has found some irregularities himself. The JMFC has not given any reasons as to what kind of criminal offence he has detected. Can we go for an revision/appeal?
Yes. A revision/ appeal can be filed. A copy of the order is necessary to find out what reasoning has been provided by the trial court while passing the order. After going through it we can find out on what basis has he rejected the case as well as other disparities.
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Adv. Namita Kanhurkar
Pune | 25+ Answers
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The query raised by you is confusing. If the magistrate says that he has detected an offence he has to issue the process. You have mentioned that he has refused to issue the process.
From your query it is difficult to ascertain as to whether you are the complainant or the accused.
From the last line it appears that process has been issued against you. In that case the order of issue process can be challenged before the sessions court in revision. There is no appeal from the order of issuing process. Also, this is not the stage where any evidence can be adduced.
From your query it is difficult to ascertain as to whether you are the complainant or the accused.
From the last line it appears that process has been issued against you. In that case the order of issue process can be challenged before the sessions court in revision. There is no appeal from the order of issuing process. Also, this is not the stage where any evidence can be adduced.
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Dear client, yes it is your right to go an appeal, as your Lawyer not submitted the evidence which can be useful for your defence. But you have to file a case in higher court.But it is essential to contact with us which are the evidence, which is the case which will be added advantage for you.
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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