N.K.Assumi (Advocate) 23 June 2009

Remedy for unknown criminal procedures by Session Judge:

In a criminal case triable by JMFC, when the IO of the case filed Charge sheet against three accused, the District Session Judge took the case records to his file and without even framing Charge against the accused the Session judge discharge two accused leaving the lone accused, and the case was send down to be tried by the JMFC. The JMFC as well as the APP are not keen to proceeds with the trial in midaway as it will be a trial in piece meal. Suggestions please... to iron out the irregular proceedings.

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3 Replies

Swami Sadashiva Brahmendra Sar (Nil) 23 June 2009

You may file a revision before high court as order of sessions judge is illegal and without jurisdiction.

PARTHA P BORBORA (advocate) 23 June 2009

the law is that, if a lawer court find material in the chargesheet which should be triable by the Court of Sessions he may commit the case to sessions judge. afer receiving the record if it is found that there is nothing to fram a charge by a Sessions Judge, he must retun the case fro trial to the CHIEF JUDICIAL MAGISTRATE OR TO THE METO.C.J. Magistrate for trial. unless there is a transfar petion or a revision or the acse is committed by the lawer cort the Sessions judge has no power to call for a recor from a lower cort. so pl file a revision before the high Court

N.K.Assumi (Advocate) 23 June 2009

Dear Dr.Tripathi, you can see what is happening here and I guess you must be now aware of the legal scenario in the State. And Borbora, thank you for your kind responds.