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WHAT IS REMEDY AGAINST ORDER OF A.S.J. IN CRL. REVISION


18-Mar-2024 (In Criminal Law)
AN APPLICATION U/S 190 CrPC WAS FILED IN COURT OF MM FOR TAKING COGNIZANCE AGAINST POLICE OFFICERS . M.M. PASSED ORDER DIRECTING I.O. TO FILE REPLY. NO REPLY WAS FILED. SUCCESSOR M.M. DISMISSED THE APPLN. REVISION IN COURT OF A.S.J. ALSO DISMISSED. ASJ FAILED TO TAKE NOTE THAT M.M. HAS REVIEWED THE ORDER OF HAVING INITIATED ENQUIRY BY HAVING DISMISSED THE APPLN. BY CHANGING THE COURSE OF ENQUIRY. WHAT IS REMEDY AGAINST ORDER OF A.S.J. IN CRL. REVISION - UNDER 482 CrPC OR WRIT OR?
Answers (2)

Answer #1
937 votes
The sole recourse available to you is to pursue action under section 482 Cr.P.C to the Hon'ble High Court. A secondary attempt via a second revision petition is inherently unsustainable. All the best.
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Advocate Arinjay Bisht

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Answer #2
642 votes
Sir you can file a writ petition for cancellation of proceddings in High Court Moreover Section 482 of the Code of Criminal Procedure does not grant new powers to the High Court but rather preserves its inherent powers to prevent abuse of court processes and ensure justice. Section 482 can be used to quash even non-compoundable offences
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Advocate Rishabh Gupta

Adv. Rishabh Gupta

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