Revision rejected by session court

551 votes

according to your query what I am getting you are the informant in the first information report but the police after doing some investigation file closer report then against the closure report you find the protest petition but court treated your protest as a complaint then you approach the revisional ko revisional code dismissed your revision no issue in this thing is court is treated your complaint but if you are willing to challenge that revision order you you can approach the High court

Advocate Amit Pandey LawRato

632 votes

Bilkul sahi query uthayi hai aapne. Aapke case ka pura sequence dekhiye – Police ne FR (Final Report) file ki. Aapne Protest Petition di. Court ne usko Complaint Case treat kar liya. Aapne iske khilaf Revision file ki, lekin Sessions Court ne reject kar diya. Ab aapka matter complaint case ki tarah chal raha hai, jisme 323 aur 325 ke statements record ho chuke hain, aur arguments pending hain. Ab seedhi baat – aap is stage par do raaste dekh rahe hain, lekin dono me strategy chahiye: Agar aapko lagta hai ki FR galat thi aur police ne jaan bujh kar kamjori dikhayi, to ab complaint case aapka sabse strong tool hai. Isme aap apne witnesses aur evidence laa kar poore matter ko fir se court ke samne rakh sakte ho. Revision reject ho gaya hai to ab aap direct 482 CrPC under High Court jaa sakte ho, lekin High Court tabhi intervene karega jab aap proper grounds dikhao ki lower court ne law ke mutabiq galat kiya. Simple shabdon me – ab aapko dono front par ladai ladni padegi. Complaint case me apni taraf se pura force lagana aur parallel me High Court me targeted petition dalna. Ye ek sensitive aur technical stage hai jahan galti karoge to case weaken ho jayega. Yahi jagah hai jahan aapko ek experienced High Court litigator ki zarurat hai jo simultaneously dono track manage kare – trial court arguments + High Court intervention. Aap mujhe authorize kijiye, main aapka matter complaint stage se lekar High Court tak push karwaunga taaki aapka case bas pending na rahe, balki aapko strong legal remedy mile. — Adv. Vaibhav Sangam Mishra High Court, Uttar Pradesh Director – Sangam & Sagar Law Office LLP

Advocate Vaibhav Sangam Mishra LawRato

715 votes

You have already challenged the FR and the matter is now proceeding as a complaint case. Since the revision has been rejected, the proper course is to continue with the trial before the Magistrate. As statements under Sections 323/325 CrPC are already recorded, the next stage is arguments. You should ensure that all prosecution evidence is placed strongly before the Court. If the Magistrate finds prima facie case, summons/charges can be framed under Section 376 IPC also. If the complaint is dismissed at argument stage, you still have the remedy of filing a criminal revision/appeal before the Sessions Court/High Court. It is important to focus now on evidence, witness examination and legal arguments.

Advocate Aishwarya Panday LawRato

787 votes

As it's is clear from the above that you filed protest petition against police fr in which court treated is as complaint case. So court decided in your favour if court order the investigation from other i.o it may also file f.r.

Advocate Himanshu Singh Chauhan LawRato

674 votes

if there is medical and it is supported by very true nature of emergencies of injury at the part of the body , then you must argue for the 376 and it will be treated as good case against accused. you can also file appeal in the Hon'ble High Court surely get the order set aside by the session court

Advocate Hariom Dubey LawRato