rivision against the order of lower court

pardeep (Querist) 15 November 2009 This query is : Resolved
what are the remedies against the order to framed a charge by judicial magistrate 1st class under section 420 of ipc

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Devajyoti Barman (Expert) 16 November 2009
DEVAJYOTI BARMAN (M)9831174081
B.A.(Hons), MBA, LL.B (R)24007986
Advocate, High Court, Calcutta

Against the order of charge framed by the Magistrate, you have the option of challenging the said order by way of Revisional application before the sessions court u/s397 0f cr.pc or before the high court u/s 401 of cr.pc.

Making the application first u/s 420 of cr.pc is not advisable as under it the impugned order is considered under stringent and rare circumstances. Moreover if you get aggrieved by the order passed by sessions court then as a second attempt you can invoke High Court jurisdiction for quashing u/s 420 cr.pc as a subsequent option.

adv. rajeev ( rajoo ) (Expert) 16 November 2009
I think u can challenge the order in HC .

adv. rajeev ( rajoo ) (Expert) 16 November 2009
repeated

Kiran Kumar (Expert) 16 November 2009
Mr. Barman is correct to some extent, the latest trend and interpretations will suggest to file a revision petition before the Sessions Court under S.397 of Cr.P.C. In case your revision is not accepted then u can move HC under S.482 of Cr.P.C for quashing of both the orders........now why S.482 Cr.P.C - revision against revision is not maintainable.

bhupender sharma (Expert) 16 November 2009
I agree with Kiran second revision under the garb of invoking 482 is not maintainable.

Raj Kumar Makkad (Expert) 16 November 2009
File revision before Sessions Judge under section 397 Cr. P. C.

pardeep (Querist) 23 November 2009
thanks for ur answer, but sir i also want its period of limitation.

Guest (Expert) 25 November 2009
Against the order of the Magistrate, you may prefer an appeal to sessions judge. Limitation is 90 days from the date of the order but the calculation could be discounted from the date of applying for a certified copy of the order and the date of receipt.

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