Sec 341 cr p c

a.b.natraj (Querist) 14 February 2013 This query is : Resolved
An Application filed u/s 340 cr.p.c before

Judicial Magistrate.But he dismissed it as

not prima face maid-out. now whether i can

file it as apple before sessions court or

file as criminal revision before High Court

by u/s 341 cr.p.c ?

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ajay sethi (Expert) 14 February 2013
if no prima facie case is made out why waste your time and money on legal fees ? dont file any appeal

Raj Kumar Makkad (Expert) 15 February 2013
You have every right to make an appeal under section 341 as per the following provision:

341. Appeal.
(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub- section (1) or sub- section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub- section (4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.

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