court/prosecution is not closing prosecution evidence
vinod bansal
(Querist) 17 July 2010
This query is : Resolved
R/Experts
A case of petty offence u/ss 279/338 IPC is pending in the court of spl magistrate and is fixed for p/evidence.Ld magistrate/pp are not closing p/evidence even 18 opportunities has been granted to prosecution for evidence.Only one & only (except injured)eye witness has stepped into the witness box who has resiled from their earlier statement us 161 crpc.Today Magistrate openly stated that unless and untill he is sitting in this chair,he will never close p/evidence,Magistrate further advised to accused to bring the witnesses in the court on his own.I want to file revision seeking direction for closing the p/evidence.Is there any provision so that i can file any case/revision before sessions court (not High court)Kindly help
s.subramanian
(Expert) 27 August 2010
Yes. You can file revision in High court.