Petition under sec.482

Bhumika (Querist) 17 October 2016 This query is : Resolved
Can a petition can be filed under 482 of crpc? when an accused didnt get the chnace of being heared. and a the megistrate (first class) paased a judgemnt by conviction (138-NI act)

or

Accused have to appeal to the sessions court?

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On the dt.31/8 the court declare a list of cases, transfered to the another court. Accorrding to which our case was transfered to the another court.

The on the next hearing date at 7/9, the advocate for the accussed was informed that your case is transfered and file is also sent to the another court.And directed that, on the next date 10/10 he should be presented at the another court where the case is transffered.
Advocate went to the said court than they direct him to come at next date.
on the 10/10 he again went to the said court
but they informed that the said case is either not transfered or the file is lost.

Again he went to the previous court and asked again, than the clerk and peons start searching for the file and found the same from the previous court. and said the case is never been transfered. and judgement is given on 1/10 by conviction without being heard by accused.

This happens just because of the mistake of the administration.

What is the option?

Should We go to the Appeal at seessions court?

Or to the high court under Sec.482 for the restoration of the case?

We have a pic of the transfer list which showing transfer of the said case.

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Ms.Usha Kapoor (Expert) 18 October 2016
You file criminal revision case u/s 482 Cr.P.C for restoration of the case in trial court.If you appreciate this reply please click the thank you Button on my profile.

Devajyoti Barman (Expert) 18 October 2016
This is a case of appeal or revision u/s 401 of crpc.
No petition u/s 482 crpc can be filed in this scenario.