Civil Case Filled As Criminal Case Family Property Issue

577 votes

In a criminal revision petition, the judge usually delivers a reasoned, detailed written judgment, especially if the matter has been fully argued and is being decided on its merits. The process on the date fixed for orders is the pronouncement of this judgment by the judge, after which certified copies are provided to the parties. The Process on the Date of Orders Pronouncement of Judgment: On the specified date, the judge will pronounce the decision, which determines the outcome of the revision petition. Written Order: The decision is typically a reasoned, detailed written judgment or order. A copy of this order is then certified and sent to the lower court where the original case was heard, which will then proceed according to the decision made by the sessions court. Next Steps for the Respondents As the respondents, your next steps depend entirely on the outcome of the sessions court's order: Positive Outcome (Revision Dismissed/Order in your favor): The magistrate's original order (which dismissed the private complaint case/PCR) stands. The case in the lower court will be disposed of in accordance with the sessions court's order. The complainant (brother) is generally limited to one revision application in either the High Court or Sessions Court, meaning he cannot file another revision for the same order in the High Court after the sessions court has decided it. Negative Outcome (Revision Allowed/Order against you): The sessions court may set aside the lower court's order and direct a further inquiry or trial on the matter. If you are the aggrieved party in this scenario, you may have the option to challenge this order by filing a petition under Article 226 or 227 of the Constitution of India in the High Court, as a second revision is generally barred by the Criminal Procedure Code (CrPC).

Advocate Dhruv. K LawRato

813 votes

Dear Sir, In a criminal revision petition filed before the Sessions Court against dismissal of a PCR by the ACMM, the Sessions Judge will normally pronounce an order, which is usually a reasoned written order (though not as lengthy as a full trial judgment). On the date fixed (26th), the Judge may pronounce the order in open court or reserve it briefly and upload it later. Certified copy can be applied for thereafter.

Advocate Kishan Dutt Kalaskar LawRato