Revision Appeal reply in writing

Querist : Anonymous (Querist) 10 September 2010 This query is : Resolved
Background: as accused in 138 case some material facts were not brought forth by my advocate. So I filed for recall of complainant for cross-examination. The application was allowed. The complainant filed a revision appeal. I have to file a written say to the revision. Please advise a format of the written say and relevant law points that should be covered in the written say. Thanks.

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adv. rajeev ( rajoo ) (Expert) 10 September 2010
written say means written argument am I right?
What contentions has taken by the petitioner it is to be known.
You have to explain how come it will be affected to your case if the revision is allowed. You have to argue the importance of the documents etc.,

Uma parameswaran (Expert) 10 September 2010
Revision petition was filed against the recalling of the complainant.Now you wants to file reply. With the help of the petition and the revision copy you can prepare the reply.

Ajay Bansal (Expert) 10 September 2010
agreed as above.

s.subramanian (Expert) 11 September 2010
You need not file any reply in writing in the revision excepting the written arguments,if you so desire. You are entitled to recall the witness,if there is a need for doing so. You cannot be denied that opportunity. Urge before the court about the need for recalling the witness.Since your fundamental right of personal liberty which is guaranteed by the constitution of India is at stakes,you impress upon the court that your said right will be seriously prejudiced,if the recall is not denied to you. You need not eloborate on the points on which you are going to cross examine further as it will alert the witness whose recall is required. I wish you good luck.

s.subramanian (Expert) 11 September 2010
One more point of law is that a revision u/s 397 of Crpc does not lie in this case at all since the order allowing the recall is only an interlocutory order and not a final order. Therefore you can rely on the judgment of the supreme court in Madhu Limaye's case to argue that the revision itself is not maintainable.