Criminal revision petition
Subhash
(Querist) 06 April 2012
This query is : Resolved
A complaint filed under the N I act has been returned by the Magistrate court stating that no jurisdiction, file before proper court. In fact in the body of the complaint regarding jurisdiction clearly stated and the that court has jurisdiction. whether a revision under Section 397 Cr P C is maintainable? Whether Return of a criminal complaint is revisable or not? Whether any decisions in support of the above proposition.
Raj Kumar Makkad
(Expert) 06 April 2012
Criminal revision under section 397(1) of criminal procedure code is maintainable in the given facts. So far as case law is concerned, you should make some labour and should trace it out from www.indiankanoon.org
V R SHROFF
(Expert) 06 April 2012
U MUST FILE REVISION .
u Prove, it is correct Jurisdiction, and prove with few recent citation.
N.K.Assumi
(Expert) 07 April 2012
Yes, revision is maintainable against the order of the Magistrate, if the Magistrate is Metropolitan Magistrate or a Judicial Magistrate of the First Class.
Shonee Kapoor
(Expert) 07 April 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 07 April 2012
It is an order u/s 201(a) Cr.p.C. It amounts to a final order and can be challenged in revision.
SAINATH DEVALLA
(Expert) 08 April 2012
Yes Mr.Subash,you can certainly challenge the order of the court and file a revision petition.
397. Calling for records to exercise powers of revision.
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself' or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court, and may, when calling for such record, direct that the execution of' any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.Explanation. All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 398.
(2) The powers of revision conferred by sub-section (I) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the of the of them
