311 cr.p.c.
vijay singh Mob.No 9621707070
(Querist) 24 September 2011
This query is : Resolved
Res Sir/madam
with due regard we have submitted i have file an application for summoning the witnesses for reexamining but the judicial magistrate has dismissed my application and further we have file criminal revision of the same grievances but it was also be dismissed. Now we have file petition u/s 482 Cr.P.C. before the Hon'ble Court. I want how to draft this petition? and is there some citations related to this matters .
PARTHA P BORBORA
(Expert) 24 September 2011
Drafting a petition in any criminal case is not a matter of joke. so, do'nt try it if you are not a lawyer. So,consult a local lawyer soon.
ajay sethi
(Expert) 24 September 2011
what are the grounds on which magistrate dismissed your application ?
what was the order passed by session court dismissing your application ?on what grounds was order passed by sessions court?
you will have to explain in your petition why you want witness reexamined , why order passed by trial court and sessions court failed to take into account need for reexamination of wtnesses. engage a local lawyer
Devajyoti Barman
(Expert) 24 September 2011
Yes, first take help of an advocate.
The grounds of revision always depend upon the merit of the order impugned.
Raj Kumar Makkad
(Expert) 24 September 2011
Such matter is not for discussion on this forum as all the relevant pleadings are to be studied while filing of such petition so better to follow the advice of experts and to hire the services of a lawyer competent to do so as 482 petition is also a matter of High Court and generally lower court practising advocates are not familiar with such specialization so consult with a lawyer doing practice in High Court or Supreme Court.
Shonee Kapoor
(Expert) 24 September 2011
Any appeal, writ etc has to show the grounds taken in the judgement as illegal or not in consonance with the standard procedures.
Hence, unless you quote the exact reasoning given by the ASJ, you can not challange it.
Regards,
Shonee Kapoor
Guest
(Expert) 27 September 2011
Dear Vijay Singh,
You being an advocate, yourself, with around 11 years of experience as Practitioner in Hon’ble High Court of judicature at Allahabad-Lucknow Bench, Lucknow, should better take help from some Advocate at Allahabad or Lucknow, as any help in brief, without seeing the case, by any expert on this forum may not be of any help to you when you have already lost twice in the matter on your application and criminal revision.
