Matter dismmissed
rajesh singh
(Querist) 01 March 2012
This query is : Resolved
please advise me that i field a complaint under sec156(3) crpc. after inquiry magistrate had dismissed the matter without issuing a process. so what can i do next? appeal or revision please help me
R.K Nanda
(Expert) 01 March 2012
File appeal.
R.K.NANDA-ADVOCATE
rajesh singh
(Querist) 01 March 2012
why appeal.....can we go with revision....how we categories any matter that which go for appeal or which one for revision
Raj Kumar Makkad
(Expert) 01 March 2012
# Nanda! You are confused.
#Author
The only remedy is to file a revision under section 397(1) of Criminal Procedure Code before Sessions Judge of your area.
rajesh singh
(Querist) 01 March 2012
how much limitation period for filling revision
Adv.R.P.Chugh
(Expert) 01 March 2012
No Appeal at all. Revision is maintainable u/s 397 before the Court of Sessions.
Adv.R.P.Chugh
(Expert) 01 March 2012
90 days as per Article 131 of the Limitation Act.
rajesh singh
(Querist) 01 March 2012
thank you to all of you.
venkatesh Rao
(Expert) 01 March 2012
I would like to add that the high court has also got concurrent jurisdiction and you may move the high court under 397 cr.p.c.
Deepak Nair
(Expert) 01 March 2012
ou have to go for revision as advised above by the learned experts.
V R SHROFF
(Expert) 02 March 2012
Revision under section 397(1) CR P C , within 90 days : go for sessions court.
U R STUDENT:
So engage Advocate for rev
PARTHA P BORBORA
(Expert) 02 March 2012
file a rivision before the sessions judge.
H. S. Thukral
(Expert) 02 March 2012
when an application is filed before the Magistrate under 156(3) the magistrate can refuse to direct Police Investigation but at the same time section 190 comes into play and magistrate should allow the complainant to examine witness and then take cognizance. It is immaterial how he has received the complaint constituting an offence.
a revision would lie from the decision of the Magistrate.
Shonee Kapoor
(Expert) 04 March 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
