If 311 rejected should I immediately file 397 application?

Question

If 311 rejected should I immediately file 397 application?

12-Jun-2025 (In Criminal Law)

My cross was incomplete due to court time was over. Nxt date (dt) I was late to court due to train delay. After NBW recall fresh summons issued. PW1 asked for time nxt dt given after 10 days accused asked for dt change. Court refused accused was absent tru illness 311 appl filed PW1 kept saying she would withdraw the case accused refused. Last dt magist. said she won't allow to cross PW1 and gave order dt to nxt month. Should I file 397 appl on same day in high court? only intro cross was done.

Answers (2)

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Advocate Narasimhachar M K LawRato · Accepted Answer · 2025-06-12T15:39:04+05:30

Given the circumstances, it seems like you've faced significant challenges in the trial process. Here's a brief analysis: Key Points to Consider 1. *Court's Discretion*: The magistrate's decision to limit further cross-examination and adjourn the matter to the next month might be based on the court's discretion to manage its proceedings efficiently. 2. *Accused's Absence*: The accused's absence due to illness and the subsequent application under Section 311 CrPC (application for summoning witnesses or examining the person present) are important factors. 3. *PW1's Intentions*: PW1's repeated statements about withdrawing the case, despite the accused's objections, might impact the trial's progress. Filing a 397 Application A Section 397 application (revision petition) can be filed in the High Court to challenge the magistrate's order. However, consider the following: 1. *Urgency*: If you believe the magistrate's order will cause irreparable harm or prejudice to your case, filing the application on the same day might be justified. 2. *Grounds for Revision*: You'll need to demonstrate that the magistrate's order is flawed or unjust, and that it warrants interference by the High Court. Next Steps 1. *Consult with Your Lawyer*: Discuss the magistrate's order and the potential revision petition with your lawyer to determine the best course of action. 2. *Prepare the Revision Petition*: If you decide to file a revision petition, ensure that it's well-prepared and articulately presents your grounds for challenging the magistrate's order. Given the complexities of the case and the court's procedures, it's essential to seek professional advice to navigate the situation effectively.

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2025-06-14T10:58:28+05:30

Answer #2

Dear Sir, Within 30 days of such order or from the receipt of certified copy of such order you may go in appeal or revision. In the meanwhile you may cross examine other witnesses effectively. It seems it is an acquittal case since your Advocate might have cross examined PW1 in part effectively.

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If 311 rejected should I immediately file 397 application?

Adv. Narasimhachar M K Adv. Narasimhachar M K

Adv. Kishan Dutt Kalaskar Adv. Kishan Dutt Kalaskar