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What to do if petition u/ sec 200 CrPC gets dismissed by magistrate?


17-Dec-2023 (In Criminal Law)
Wen we filed petition in court of concerned magistrate u/s 200 crpc. If magistrate feels/believes to dismiss filed petition usually wat advocates do fr further step I mean concerned advocate has to re-file petition in same court petitioner's advocate can approach High court ... Wat s d best way if petition u/s 200 crpc dismissed by concerned magistrate ? Refiling ? Requesting High court ?
Answers (1)

Answer #1
595 votes
Dear,

You need to approach session court by filling revision against the order of magistrate court under Section 397 Cr.P.C. The session court may upon your contentions and protest, overrule the dismissal order of the magistrate court and upon such dismissal, the magistrate court may take cognizance of the private complaint and will proceed further with the case. However, if the session court rejects your revision, then you may prefer an appeal in high court.

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