How to proceed with criminal revision application
Divya
(Querist) 17 March 2013
This query is : Resolved
Dear Experts
I had filed a private complaint against bank, their several representatives including an advocate and local police….Lower court passed an improper order for “Issue Process” and the same has been challenged by me in the Session Court. I am handling the matter as IN-PERSON as nobody wanted to take up the criminal matter against a leading MNC bank.
I have filed my written arguments before the Sessions Judge, but out of the 7 accused / respondents.some doubts below.
1. only 1 accused which is the advocate has filed a false written argument for his/her defence. How do I tackle this, do I tell the court raising written objections or do I ignore and leave it on court or some contempt proceedings or another 340 crpc application should be filed against those accused for filing a false argument for defence before the court.
2. Also please guide me after submission of written arguments, what are the later steps ???? is there any cross-examination…..
3. How do I tackle the part of police??? Does the public prosecutor play a role..
Please do guide me and assist me if I have missed out on something.
Thankyou
Raj Kumar Makkad
(Expert) 17 March 2013
1. False argument do not attract 340. How can you regard the argument as false? What is the barometer to judge the falsity? You should duly reply the points raised by other party in argument by way of documents already brought on file.
2. In criminal revision, there is no stage for cross-examination.
3. You have not mentioned the role of the police in the given query so how can guide you as desired.
It is unbelievable that all advocates have refused to take up your case just because the opposite party is a MNC bank. I cannot believe and if this is true, I am ready to take up your case.
Divya
(Querist) 17 March 2013
hello sir
my case is in thane court....
Police because there were equally arrayed as an accused for trespassing, extortion etc & almost 20 police people had misused their powers......Yes i did have fee problems but apart from that there was not a single lawyer who was convinced with taking up the revision matter..Even the original complaint was drafted by me & a leading lawyer had forcefully filed it....Each one i said, i will lose the case so i shudnt attempt to prosecute any one related to bank.....Your words to take up my case come as a big relief to me.
Devajyoti Barman
(Expert) 17 March 2013
You better file the case and move yourself.
Sudhir Kumar, Advocate
(Expert) 17 March 2013
better consult nearest lawyer. A lot of papers need to be seen before proper advise
Raj Kumar Makkad
(Expert) 17 March 2013
If you have problem in payment of fee then it shall be better to move a simple application supported with an affidavit about your economical condition and you should demand a free legal aid from the trial magistrate. He shall not only provide an advocate from the penal but also shall provide each and every expenses like type and ticket and related expenses. In all Courts of India such facility is available to certain categories of people. Avail this facility otherwise you shall be loser even in revision. Without lawyers, it si very difficult to run the case.
