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Challan produced and disposed on the same day by magistrate
29-Sep-2023 (In Criminal Law)
Police produced challan u/s 336 & 337 and intentionally avoided to include 338 whereas the medical report was provided. Even the magistrate on the same day when challan was produced before the court, by taking the confession and a meger fine, without going through the challan disposed of it. Suggest please what to do?
Before I give any opinion in the matter I would like to see the copy of FIR and copies of statements and challan including medical report produced by the Police before the Magistrate. In case on the basis of medical record or any statements or circumstances 338 RPC is made out then the remedial measures which include Revision or 561 A Petition (for J&K only) can be filed. Even a petition for enhancement of punishment can be filed before the superior court. Regards
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Adv. Aseem Sawhney
Jammu | 25+ Answers
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You can file writ under article 482 of the Indian constitution challenging that the order passed by the magistrate is bad in law and can quash the order passed by the magistrate . It is most efficacious remedy
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Adv. Gourav Deep Singh Sarngal
Jammu | 25+ Answers
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U can go out for the revision in the fistrict court if u have a doubt that challan is inappropriate...
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Adv. Sunil Bakshi
Jammu | 100+ Answers
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