204, 227 , 397 Cr P C
Querist :
Anonymous
(Querist) 13 November 2010
This query is : Resolved
SIR,
A COMPLAINT WAS FORWARDED TO JMFC
4 WITNWSS EXAMINED AND ISSUED PROCESS AND SUMMONED THE ACCUSED AND CASE COMITTED TO SESSIONS.
SESSIONS COURT WITHOUT CONSIDERING THE RECORDS DISCHARED THE ACCUSED U/S 227.
IN 397 TNE COURT OVERLOOKING THE JMFC GROUNDS OF PRIMAFACCIE CASE ,AND WITH OUT DISCUSSUING THE SUPREME COURT CITIATION PLACED ON RECORD, AND SHOWING SYMPATHY TOWARDS ACCUSED INSISTED THE COMPLAINANT TO TAKE BACK HIS CASE,AS THE COMLAINANT DENIED HAD INSITED ON JUSTICE, BUT THE REV.APPLI WAS DISPOSED BY UPHELDING SESSIONS ORDER.
COMPLAINANT HAS APPROCHED THE APEX FOR JUSTICE ..
PLEASE COMMENT ON THE MERITS OF THE CASE.
s.subramanian
(Expert) 13 November 2010
Without knowing the facts of the case,how can we comment on the merits of the case.
Devajyoti Barman
(Expert) 13 November 2010
Yes , the facts of the needs to be know before commenting on the merit of the order. In any case you can challenge the order before the hgh court u/s 482 crpc.
Advocate. Arunagiri
(Expert) 13 November 2010
The sessions court is having every right to discharge the accused u/s 227 cr.p.c., if there is no ground to proceed against the accused. If the discharge is upheld by the HC, you have the chance in SC only. You can at any time include the same accused who was discharged u/s 227, during the trial, if the case is pending and proceeded with other accused if any.
Kirti Kar Tripathi
(Expert) 13 November 2010
agree with Arun. If the case is not made out or if there are no ground to proceed against the accused, the court can discharge the accused.
Koumarish Bhattacharya
(Expert) 13 November 2010
The Court can discharge, and on the other hand, there is no bar in moving the Higher Court.
Querist :
Anonymous
(Querist) 14 November 2010
thanks to,all sirs for opining.
i do agree facts are to be disclosed
but,
the very fact remains that after examing on oath winess u/s202 and in light of the material ,and post mortem report on record, the jmfc was of the opinion that there exits prima facie case and thus process was issued and case committed.
all the same recods were before the sessions court,and the sessions was u/s 227 only to for opinion whether there was prima facie case as per record (the same records of jmfc),moreover the sessions also not faced the opportunity to have witness,...how can he dischage
more over u/s397 high crt was to look only into the legality ,propreity,correctness of the orders passed below,how can own opinions of componding be smashed on the complainant(under ? provision). if at all revapl could have been dismiss,
how can same recors be prima facied sufficient before jmfc and same be in sufficient before the session ,
