Review or appeal
Sonia Prabhu
(Querist) 20 August 2013
This query is : Resolved
Dear Experts ,
This is regarding my petition asking for CBI Investigation on a major criminal act taken place in Pune and CBI investigation on the SIT head. The Hon'bl HC has directed me to go to trial court and depot and has directed the investigation back to the SIT head on whom the investigation was asked for. In addition to this HC has made the trial on incomplete investigation time bound.
I want to go against this order hence I want to know can I use the remedy of review first and then appeal,the reason being for appeal I would need to go to SC and I heard I can even use the remedy of curative petition for which review is must.
Please guide me I am the victim in this crime and the accused are politically strong people the rest is understood.
R.K Nanda
(Expert) 20 August 2013
better file review in hc as appeal in sc is very costly.
adv. rajeev ( rajoo )
(Expert) 20 August 2013
You will have to file an appeal against the order. I think I m right.
Sonia Prabhu
(Querist) 20 August 2013
I feel I should go for review, will it be the right decision and can I get stay on the order? and what is the time limit for filing the review the order is dated 8.8.13 but is uploaded on official site today.
R.K Nanda
(Expert) 20 August 2013
UR RIGHT and file review as advised earlier
also and limitation is 30 days from date of
order but chances of getting stay order in
review are poor.
Sonia Prabhu
(Querist) 23 August 2013
Dear Experts as stated earlier I am filing a review against one order ( there are two orders in total).
On the second order where I am asked to depot I want to file an appeal in SC for the very reason I want an urgent stay on the Criminal Trial.
What do you feel are the chances of getting a stay on the Criminal Trial ? Should I file a Spl Leave Petition or an Appeal in SC?
Sonia Prabhu
(Querist) 31 August 2013
Under which sec can I file a review in HC against its own order in a Cri Writ Petition ( Appl side).
The staff in HC says there is no such provision of review.. kindly guide me
