need apex court judgememt
Ravikant Soni
(Querist) 16 June 2011
This query is : Resolved
I need citation regarding...
A cognizance order can be reversed in revision if prima facie case is not made out. If story of prosecution itself seemed to be a false and impossible then revisional court can quash such order.
PALNITKAR V.V.
(Expert) 16 June 2011
What is the order? whether summons has been issued or the court directed inquiry u/s 202? If summons is directed to be issued, then it has to be presumed that process has been issued. In that case you can go in revision. But if process is not yet issued, then you have no voice! Will give you a good citation.
Ravikant Soni
(Querist) 16 June 2011
The facts of the case as follows.
It's a hit and run by car case. Police filed negative final report. But by adducing false witness under inqury under sec. 202 the complainant sought to take cognizance under section 307 of I.P.C.
Magistrate took cognizance under sect 307 of I.P.C. despite the fact of that the complainant not inflicted any greveious injury and has issued non bailable warrant against my client.
Then I filed revision pet. in sessions court. I want a rulling regarding the fact as to-
Allegations in complaint or charge-sheet not constitute an offence then order issuing process should be quashed.
