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Reconsider application to trial judge to reverse IPC Cr PC 87 warrant
14-Jul-2025 (In Criminal Law)
Judge issue Warrant u/s IPC CrPC 87 on preprinted form. Judge no mention his reasons. My advocate say not advisable to approach Sessions court. He tell me we make Reconsider application to trial judge to reverse order because judge make mistake. I need second opinion.
There is no need to file a reconsider application before the trial or in the sessions court. You just need to approach the concerned court from where you have received the warrants and file for it's cancellation. After cancellation the trial will begin normally. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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If a warrant u/s 87 CrPC was issued without recorded reasons or without due compliance, you can file an application before the same Magistrate court seeking recall/modification citing legal grounds. If denied, revision under Section 397 CrPC before Sessions Court is permissible. A reconsideration plea may work only if procedural irregularity is apparent. Please review the order copy carefully with your counsel for next steps.
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
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You should challenge the maintainability of the complaint on the ground that it is an afterthought and lacks any prima facie evidence. The police initially recorded a non-cognizable report, which confirms that the incident involved only a verbal exchange. The delay of one week in filing a second complaint—alleging physical assault—seriously undermines its credibility and suggests malafide intent.
You must bring on record the fact that the complainant’s key witness admitted she did not see any physical fight. This contradicts the complainant’s version and weakens the prosecution’s case. The complainant’s recent statement that the witness “does not remember” further proves inconsistency and lack of reliability.
Given that the case has dragged on for 8 years without any independent corroboration or medical evidence, and the witness testimony has failed, you have a right to seek discharge under Section 227 CrPC (if it is a sessions triable case) or Section 239 CrPC (in warrant triable cases). If the case is a summons case, then you may move an application for closure under Section 258 CrPC. In the alternative, you may also file a petition under Section 482 CrPC before the High Court to quash the proceedings on the ground of abuse of process of law and absence of evidence.
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Adv. Yuganshu Sharma
Adv. Yuganshu Sharma
Delhi | 700+ Answers
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The trial court will deal with the matter, no need to approach the session court. don't worry the Advocate was right in his/her approach. his opinion was in right direction. warrant can be Cancelled by the trial court.
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Adv. Akhilesh Kamle
Adv. Akhilesh Kamle
Delhi | 50+ Answers
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The Indian judicial system is structured in a hierarchical manner, with the Supreme Court at the apex, followed by High Courts, and then District including Judicial Magistrate and Session Courts . This structure ensures a systematic approach to justice delivery, with lower courts supervised by higher courts. Every order of JMIC or Metropolitan Magistrate can be appealed in Session Court and then High Court . If you think there is no reason for you can always challenge the order or go for Quashing of the FIR in High Court . If the court issues a warrant for the arrest of a person if it believes the person is likely to abscond or if they have previously failed to appear after being summoned.
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Adv. Rohit Lakra
Adv. Rohit Lakra
Delhi | 25+ Answers
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