revision petition.
Querist :
Anonymous
(Querist) 27 May 2011
This query is : Resolved
319. Power to proceed against other persons appearing to be guilty of offence.
(3) Any person attending the court although not trader arrest or upon a summon, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
a)Meaning of trader arrest?
An order passed u/s 319 Cr.P.C. is the nature of final order and the same is a revisable order. So revision petition can be filed. But by reading the section I can’t make it out that whether the revision petition can be filed. Who to understand after reading the section’s mention under the crpc that revision petition can be filed or not? In Short (Means which order can be revised or revision petition can be filed against it how to known ? )
b) Whether revision petition against the summoning order of Magistrate (in State Case) maintainable before Session's court. Yes But (What does state case means ? )
Guest
(Expert) 27 May 2011
under 372 Cr.P.C. only the sections 373 to 377 enumerates the appeal provisions. rest of will be construed as revisionable one.
as per sec 397 the revision cannot be filed against interlocutary orders.
there are alternative remedy under 482 of Cr.P.C. to quash the proceedings of summoning order u/s 319 of Cr.P.C. before the High court.
in section 319 Cr.P.C. no revision lies. because it is a pending proceedings inquiry or trail.
