court/PP is not closing prosecution evidence
vinod bansal
(Querist) 22 July 2010
This query is : Resolved
R/Experts
In my case of petty offence,eye witness has already been turned hostile and remaining witnesses are not coming in the court despite 18 opportunities of prosecution evidence,i prayed to court for closing the evidence or in alternative posting the case as last opportunity for p/evidence,but magistrate frankly stated that he will not closs the evidence till 100 hearings/dates,I want to file appeal or revision in given circumstancies for a direction for closing the evidence or for granting last opportunity to prosecution for conclude its evidence,is their any provision/remedy to file a appeal/revision before sessions court or i have to move directly before High court,kindly suggest.Thanks
Devajyoti Barman
(Expert) 22 July 2010
Both the sessions court and the high court has got concurrent power of revision and accordingly you can file the revision in either of the two courts.
s.subramanian
(Expert) 23 July 2010
the magistrate has to issue a final notice to the prosecution before closing. ordinarlily he should have done it by now. but we donot know why he has not done it. you file an application before the magistrate setting out all these facts and seek closure of the prosecution evidence. take his orders on it. then only you can file a revision before the sessions court or high court. from what you say i feel you have a good case to succeed.
