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Appeal/Revision against order of Discharge in Private compla

This query is : Resolved 

15 August 2009

I filed a crl complaint uss 323/506 IPC & magistrate at the stage of framing of charge discharged the accused saying that this complaint is a counter complaint which was filed by the accused of this case against son of complainant of this case,besides this their is clear allegation of threatning n manhandling against the accused in preliminary evidence n pre charge evidence,now i want to file Appeal/Revision of this order in sessions court,it will lie /maintainable or not secondely it is appeal or revision.Plz suggest some citations on this point also .Regards

Guest (Expert)
16 August 2009

Kindly file revision application under section 397 of Cr.P.C. before the Sessions Court against the order of Magistrate. Refer "V. C. Shukla v. State"
AIR 1980 Supreme Court 962

A. A. JOSEOnline (Expert)
16 August 2009

Mr.Lokhandwala has rightly answered.

Kamal GroverOnline (Expert)
16 August 2009

Mr.Lokhandwala is right.
Your further clarification is welcome at nominal fee at;
With Regards

Adinath@Avinash PatilOnline (Expert)
17 August 2009

You can file revision in session court.

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