HC direction given under 482 Crpc(false affidavit)

Querist : Anonymous (Querist) 02 May 2010 This query is : Resolved
based on a false affidavit where facts were suppressed and misrepresentation an direction order has been passed exparte where notice was not served to the 3 and 4 respondents. But the order was passed on hearing only the 1st and 2nd respondent... but the order is the reopen investigation on the 3rd and 4th respondent. kindly let me know

1. Can an order be passed without hearing the respondents or issuing notice?
2. what is the remedy for the 3rd and the
4 th respondents.?
3. Is the order valid as it has been obtained fraudlently without the ascertaining the actual facts ?
4. Is there any citations on this ?

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R.R. KRISHNAA (Expert) 02 May 2010
A review and a recall petition can be filed before the same HC by the 3rd and 4th respondent highlighting the above facts.

Guest (Expert) 03 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MATTER OF HC ORDER KINDLY NOTE THAT

1.YOU MAY APPLY FOR CERTIFIED COPIES OF HC ORDER AND RELEVENT AFFIDAVIT FILED BY THE PETITIONER.
2.IN CASE IT IS A SINGLE BENCH ORDER YOU MAY APPROACH DIVISION BENCH AGAINST THE SAID ORDER.
3.KINDLY NOTE THAT IT IS A CRIMINAL COURT MATTER AND UNDER CRIMINAL PROCEDURE CODE THERE IS NO PROVISION FOR REVIEW OF ORDER BY SAME COURT.IT IS PERMISSIBLE IN CIVIL PROCEDURE CODE IN CASE OF CIVIL MATTERS.
4.YOU HAVE TO APPROACH DIVISION BENCH OF HIGH COURT FOR THE LEGAL REMEDY.
IN CASE ANY FURTHER HELP IS REQUIRED YOU MAY WRITE OR CALL AND SEND DETAILS .
THANKS.

Uma parameswaran (Expert) 04 May 2010
Only remedy is to move before Supreme Court.You can raise your objection in supreme Court .There is no appeal or revision before High Court for the petitions filed under section 482 of CrPC.

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