Restoration of criminal appeal
Arvind Singh Chauhan
(Querist) 19 August 2018
This query is : Resolved
Honourable Learned Seniors,
Criminal appeal under Sec 29 DV act was dismissed in default in session court.
Aggrieved approached to High Court under 482 Cr.P.C.
High court dismissed 482 petition saying that party has remedy in lower court..
Party approached to session court for recall of dismissal order and for restoration. Session court asks where is the provision for recall or restoration.
Then party filed fresh appeal mentioning order of High Court, which has been listed for admition.
Sir what should I argue before session court. It is settled law that criminal appeal can not be dismissed in default.
I am in delima. High court says go to lower court. lower court says where is the provision ?
What may be the proper remedy.
(Expert) 20 August 2018
There has been inherent miscarriage of justice in the Sessions Court. Let us trust that the High Court would provide remedy this time.
Dr J C Vashista
(Expert) 21 August 2018
Although Sessions Court do not enjoy powers u/s 482 Cr PC yet it has inherent powers to recall the orders of dismissal (in default).
(Expert) 29 August 2018
U should have argued before the concerned High court that no such provision is available in Crpc if any criminal case is dismissed in default. Such provision is available only in civil matters to approach the same court if case dismissed in default. Crpc 482 is the correct remedy, I cannot comment why High Court had said so, revision too has been accepted for providing remedy in such cases in many judgments