Challange the order of jmfc
Kebom Taso
(Querist) 09 June 2014
This query is : Resolved
dear experts, I am not satisfied with the judgment & order passed by JMFC, court.
brief history: a case was registered u/s 341/326/34 IPC on 04-01-2008, and the trial hearing was conducted on 30-10-2013. in the trail hearing the JMFC dropped the charge u/s 326 and barred the trail under Section 2 (b) of 468 Cr.P.C.
I have always awaited for the hearing of this case but recently on enquiry I came to know about this status of the case. the case was totally dumped & closed on favour system because no PP was appointed and the victim was also not aware of this hearing.
I want to challenge this judgment of JMFC so please suggest me what can I do. which court should I move and is there any limitation on this challenge. please suggest
adv. rajeev ( rajoo )
(Expert) 09 June 2014
If you are complainant then you cannot file an appeal, govt., will file an appeal against the order.
V R SHROFF
(Expert) 09 June 2014
being PP conducted Govt case, you cannot appeal. Only Govt Pleader can appeal.
Victim of crime has no right to represent... it's Indian Law!!!
Kebom Taso
(Querist) 10 June 2014
that means as per Indian law the victim has no remedy if the court and the accused use foul play and acquit or discharges..?
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
As a defacto complainant/victim you still can prefer an appeal against the lower court judgment before the appellate court, contact a prudent criminal law practicing lawyer and prefer appeal on the grounds where you feel aggrieved by the court's decision.
