94+ Lawyers are online 
can session court do revision on order of summon of mm court in 498a
20-Jan-2025 (In Criminal Law)
MM court issue summon to all accused despite IO put the name on column number 12 as no evidence. MM court did not check the present case is violation of section 300 and jurisdiction issue and in sufficient material to start the trial, can revision be filed in the session court to set aside the summoning order and dispose of the case.
Yes you can assail the summoning order of the Magistrate court to the session court by way of revision petition. If there is legal irregularities and erroneous order has been passed, revision court can set aside the same. Feel free to connect.
Thanks
Helpful?
Adv. Bhawana Pandey
Delhi | 900+ Answers
Chat
If the MM (Metropolitan Magistrate) court has issued summons despite insufficient evidence as indicated by the IO (Investigation Officer) and a violation of jurisdiction or procedural norms (e.g., Section 300 or otherwise), you have the following options:
File a Revision Petition: Approach the Sessions Court under Section 397 of the CrPC to challenge the summoning order. State that the evidence is inadequate and the MM court failed to assess jurisdictional and procedural requirements.
Highlight Column 12 Evidence: Emphasize that the IO placed your name in Column 12, indicating no incriminating evidence, and this should have been considered by the MM court.
Argue Jurisdiction: If there’s a jurisdictional issue, include this point in your revision application. Courts cannot proceed without proper jurisdiction.
Seek Case Dismissal: Request that the Sessions Court set aside the summons and dispose of the case due to lack of sufficient material.
Helpful?
Adv. Rupal Dwivedi
Delhi | 50+ Answers
CONTACT NOW
Yes, it is clear that the names mentioned in the column 12 reflect that the accused is not chargesheeted, so you have all your right to appeal that summoning order before sessions and higher courts. In my opinion you should not wait for the framing of the charge and go for setting aside that summoning order.
Helpful?
Adv. Mohit Rajput
Delhi | 100+ Answers
CONTACT NOW
You can file revision as pointed out . However it would be much better if you either file a 482 application or a Criminal Writ before the Hon'ble High Court to quash the case once for all. This will not only save time but also further legal expenses
Helpful?
Adv. Vikas Sharma
Delhi | 200+ Answers
CONTACT NOW
Sir,this is the early stage of the court to summon the accused or the parties. on the later stage you can submit your documents or application regarding removal of the name of the accused, if there is no evidence the court will itself discharge the parties.
For details I need to go through the case details. Plz connect over call or message for further process.
Thanks
Helpful?
Adv. Divya Kiran
Patna | 50+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
