482 / 227 while appealing against discharge order
mycent
(Querist) 23 August 2014
This query is : Resolved
Dear Experts,
Need your guidance in my situation.
The Hon'ble ACJM court has rejected my discharge petition filed for offences u/s 498a. I am moving to HC against this order wherein the H'ble ACJM has rejected to discharge me.
Pls advice whether I should move to HC u/s 482 or article 227 & what's the difference between these two.
Thanks in advance !
regards,
mycent
Shonee Kapoor
(Expert) 23 August 2014
If the discharge petition is dismissed, then you should ideally go in revision in either Sessions Court or High Court, both has concurrent powers. However, if you go for revision u/s 397 r.w 401 in Session Court, maybe you can file a writ under article 227 if you can show legal grounds for the same.
Regards,
Shonee Kapoor
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mycent
(Querist) 23 August 2014
Thanku Shonee ji.
I am not going for revision in Sessions court as the time limit has expired. My discharge petition was dismissed in Apr 2013. The reason I didn't go for revision yet was because 2 other petitioners had already gone to HC against the order & there was stay.
Now in this situation, is it advisable to go u/s 482 or article 227 ?
regards,
mycent.
mycent
(Querist) 24 August 2014
Dear learned members,
Need ur guidance here.
regards,
mycent.
Dr J C Vashista
(Expert) 24 August 2014
Move petition under Article 227 of the Constitution of India.
ajay sethi
(Expert) 24 August 2014
what were the reasons for rejection of your discharge application under section 498A . ? better contest case before trial courton merits
mycent
(Querist) 24 August 2014
Utmost thanks to all experts for your guidance !!!
regards,
mycent
T. Kalaiselvan, Advocate
(Expert) 29 August 2014
Even in my opinion instead of going for revision against the order by ACJM at this belated stage, better contest the case on merits in the trial court itself.
