Criminal revision

sridhar pasumarthy (Querist) 17 January 2014 This query is : Resolved
Respected Experts,

In a criminal case of Section 304A IPC, the SHO recorded the confession statement of the accused (driver of lorry) and registered the same as FIR.

During the course of trial, when the prosecution wants to mark the FIR as Exhibit through I.O., I filed an application not to mark the same as it is hit by Section 25 of Evidence Act which says that "No confession made to a police officer shall be proved as against the person accused of an offence."

Though I cited a landmark judgment of Apex Court, the Hon'ble Magistrate was pleased to dismiss the petition.

Hence, against the said order, i want to prefer revision before Sessions Court.

My queries are :-

1. Whether the order passed by the magistrate in the above referred application is interlocutory or not?

2. Whether Criminal Revision is maintainable against the said order before Sessions Court?

3. What is the remedy available to the aggrieved person/accused in the above situation?

Pls clarify. Thanks in advance.

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kuldeep kumar (Expert) 17 January 2014
Can u tell us the judgment.such an order is liable to be reversed as same is not interlocutory order.

Advocate. Arunagiri (Expert) 17 January 2014
Complaint given by the defacto complainant, is registered as FIR, it is not a confession statement, so rest of the query need not be answered.

Devajyoti Barman (Expert) 17 January 2014
Yes you can file Revision against such order.

sridhar pasumarthy (Querist) 17 January 2014
@Arunagiri sir,

Accused was made de-facto complainant in the FIR.

sridhar pasumarthy (Querist) 17 January 2014
@Arunagiri sir,

Accused was made de-facto complainant in the FIR. So, it has become confession.

Advocate. Arunagiri (Expert) 17 January 2014
In your eyes the lorry driver may the accused, but, in the eye of the law, the person who gives the information First is called the defacto complainant.

Even if the lorry driver, met with an accident in his negligence, the FIR is valid, it is not confession statement.