Criminal revision petition fieled in session court
Desai Sushil
(Querist) 13 March 2012
This query is : Resolved
In the Lower criminal Court myself is complainant in police case. There myself given application to call one additional witness, in record his handwritten evidence is there, but name is not written as witness.
call one additional witness denied by lower court. In order written by lower Court Denied for witness and Written more by giving wrong example that myself complainant try to prolong this case.
Due to this myself going for Criminal Revision Application in Session Court.
This is for two reason
1. Allow my Application to call for additional witness.
2.Lower court given wrong example and allegate me that, myself complainant try to prolong this case. please cancel this order and write another order clarifying that Example given by lower court is wrong and his intension is not to prolong this case.
My Quetion is this for Help-
In session Court Filed this Appeal under Criminal Procedure code 397 but demand two thing.
According law there is another Cr.P.C. or IPC is needed. For Another Demand.
Sushil Desai
Adv.R.P.Chugh
(Expert) 13 March 2012
S.311 - mandates court to summon and examine witnesses - if it is necessary in the ends of justice. This is a part of inquisitorial aspect of court's jurisdiction and it's duty to ensure that relevant witnesses, so far as may be, are not left unexamined. If the prosecution is lackadaisical in its approach. The Complainant being interested in the case, can file such an application.
Zaheera Habibullah Sheikh v. State of Gujarat (2004) SC
Fateh Sinh Mohan Sinh Chauhan v. UT State Dadra & Nagar Haveli (2006 SC)
These cases called for a more pro-active exercise of court's powers u/s 311 & 165 Indian Evidence Act.
Desai Sushil
(Querist) 14 March 2012
WITNESS IS POLICE OFFICER INVOLVE IN INVESTIGATION, HE IS EYE WITNESS WHO IS SEEN MANY EVIDENCE OF CRIME WHICH IS NOT WRITTEN BY POLICE. EVEN PANCHNAMA ALSO WRITTEN IN OWN HANDWRITTING, THIS IS CLEAR PROOF OF HIS PRESENCE.
Ajay Bansal
(Expert) 14 March 2012
The revision should be allowed.
Shonee Kapoor
(Expert) 14 March 2012
If the grounds are just and proper and it is shown how the witness is material to the case, the revision shall be allowed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Desai Sushil
(Querist) 29 April 2014
What Happened in the differant court
new witness main part is letter in panchnama which he had written.Myself inform to Hon.court to call new witness in the Hon court ask him and if any one create objection then check in forensic laboratery. Panchnama written ahead of me.
1. In Session Court denied on merit that produce evidence is your responsibility.
2. same thing happened in high court,told me to bring affidavit of that officer.
3.When i request to officer whom called as witness to give me affidavit that in panchnama letter written is his. He is saying its court duty to call him or he is ready to give his superior officer or public prosecutor. But not ready to give me.
4. when i request to Hon. court to use their power, give direction to lower court for Call officer in the court and ask that in panchnama whose hand writting is there. Hon.High Court denied inform that it is petitionar duty to produce evidence, they will not ask officer or summon to know whose hand writting in panchnama. Dismiss this case in order, on basis officer name is not there as witness.
5. I requested public prosecutor who remain present in the case,for help they say its Hon.Court Duty to call.
This is police case but when police public prosecutor not ready to call important witness.
6. after this i had written application to city SP About this, they took answer of that officer,in that answer officer admitted that in panchnama letter written is his.this answer demanded by me by RTI which i received, this evidence i received.
7. Now this evidence is clear.
8. show me the way how to reopen this case in high Court revise and review.under which Cr.P.C., because evidence is received.
8. In Hon.high Court case filed before as SPECIAL CRIMINAL APPLICATION in article 226.
9. revise with evidence is possible in high court or only possibility with Hon. supreme Court.Please guide me under which Cr.P.C.
Desai Sushil
(Querist) 29 April 2014
What Happened in the differant court
new witness main part is letter in panchnama which he had written.Myself inform to Hon.court to call new witness in the Hon court ask him and if any one create objection then check in forensic laboratery. Panchnama written ahead of me.
1. In Session Court denied on merit that produce evidence is your responsibility.
2. same thing happened in high court,told me to bring affidavit of that officer.
3.When i request to officer whom called as witness to give me affidavit that in panchnama letter written is his. He is saying its court duty to call him or he is ready to give his superior officer or public prosecutor. But not ready to give me.
4. when i request to Hon. court to use their power, give direction to lower court for Call officer in the court and ask that in panchnama whose hand writting is there. Hon.High Court denied inform that it is petitionar duty to produce evidence, they will not ask officer or summon to know whose hand writting in panchnama. Dismiss this case in order, on basis officer name is not there as witness.
5. I requested public prosecutor who remain present in the case,for help they say its Hon.Court Duty to call.
This is police case but when police public prosecutor not ready to call important witness.
6. after this i had written application to city SP About this, they took answer of that officer,in that answer officer admitted that in panchnama letter written is his.this answer demanded by me by RTI which i received, this evidence i received.
7. Now this evidence is clear.
8. show me the way how to reopen this case in high Court revise and review.under which Cr.P.C., because evidence is received.
8. In Hon.high Court case filed before as SPECIAL CRIMINAL APPLICATION in article 226.
9. revise with evidence is possible in high court or only possibility with Hon. supreme Court.Please guide me under which Cr.P.C.
Desai Sushil
(Querist) 29 April 2014
What Happened in the differant court
new witness main part is letter in panchnama which he had written.Myself inform to Hon.court to call new witness in the Hon court ask him and if any one create objection then check in forensic laboratery. Panchnama written ahead of me.
1. In Session Court denied on merit that produce evidence is your responsibility.
2. same thing happened in high court,told me to bring affidavit of that officer.
3.When i request to officer whom called as witness to give me affidavit that in panchnama letter written is his. He is saying its court duty to call him or he is ready to give his superior officer or public prosecutor. But not ready to give me.
4. when i request to Hon. court to use their power, give direction to lower court for Call officer in the court and ask that in panchnama whose hand writting is there. Hon.High Court denied inform that it is petitionar duty to produce evidence, they will not ask officer or summon to know whose hand writting in panchnama. Dismiss this case in order, on basis officer name is not there as witness.
5. I requested public prosecutor who remain present in the case,for help they say its Hon.Court Duty to call.
This is police case but when police public prosecutor not ready to call important witness.
6. after this i had written application to city SP About this, they took answer of that officer,in that answer officer admitted that in panchnama letter written is his.this answer demanded by me by RTI which i received, this evidence i received.
7. Now this evidence is clear.
8. show me the way how to reopen this case in high Court revise and review.under which Cr.P.C., because evidence is received.
8. In Hon.high Court case filed before as SPECIAL CRIMINAL APPLICATION in article 226.
9. revise with evidence is possible in high court or only possibility with Hon. supreme Court.Please guide me under which Cr.P.C.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 March 2012
