How to file documents in criminal revision petition.

sanjay kumar patibandla (Querist) 09 September 2008 This query is : Resolved
I filed a revision petition before the sessions judge by challenging the orders in Maintenance case by the judicial first class magistrate. But while conducting the trail in lower court my learned friend advocate failed to file one important document on behalf of the revision petitioner..

Shall I file the that important document in revision petition. And know me the procedure.

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deepak kumar (Expert) 10 September 2008
if the important document that you are referring to is already on the lower court records then you may not file it now as the lower court records are likely to be called by the revisional court but to be on the safe side you may file that document.

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sanjay kumar patibandla (Querist) 10 September 2008
deepak sir please know me the provision.

deepak kumar (Expert) 10 September 2008
the records from the lower court will be called in terms of section 397 CrPC

deepak kumar (Expert) 11 September 2008
it seems that you want to know about the section under which additional document can be brought on record in a revision application before Session's Judge.

firstly we go through section 399 CrPC in which it has been provided that a Session's Judge can exercise all or any of the powers which may be excercised by High Court under sub section (1) of 401 so the sessions judge is empowered to utilize the powers as vested in sub section 1 of 401.

now let us go through sub section 1 of 401 and it is provided that a High Court ( in our case it will be session's court) can excercise any of the powers conferred in court of appeal and that includes section 391 CrPc.

Now let us go through section 391 and it has been provided that Appellate court( in our case revisional court) may take further evidence or direct it to be taken.

so you may pray for additional evidence to be recorded in revision application before sessions Judge.

Hope i am able to clarify the position.

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