Appeal/Revision against order of releaseing the convict on p

vinod bansal (Querist) 28 June 2010 This query is : Resolved
R/Expert
In a pvt complaint case,accused were held guilty u/ss 323/503/324 IPc and were released on probation by the ld magistrate,A fine of Rs. 7000/- was also imposed on convict.complainant want to file appeal/revision against this order for enhancement/alter the sentence in imprisonment & fine.What is remedy available him.He have to move directly Highcourt or there is any provision of filing appeal or revision in given circumstanses.Kindly suggest.Thanx

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Devajyoti Barman (Expert) 28 June 2010
He can certainly file Revision before the High Court under section 401 CrPC.

Prakash Langalia (Expert) 29 June 2010
according to my opinion you can file revision before sessions court under section 397 of crpc. also appeal can be filed under sec. 11 of probation of offenders act.

Sukhija (Expert) 29 June 2010
i agree with the views of experts above.
But I doubt if u will get the order sought by u. Since accused were released on probation, It must b their first offence, age and family background r considered before giving benefit of probation Act.

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