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Siv (engineer)     18 September 2014

Is it legal to dismiss 91 crpc petition on these grounds

Hi Sirs,

 

In 498A case after 313 CPC examination of Accused the defence side filed petition U/s 91 of CrPC stating the list of documents from the respective Banks, Telephone Operators, Police and from specific persons (addresses are provided)  are required and the reasons for requirements of the documents with respect to the allegations against the accused were exaplied in detail.

 

The Magistrate Court dismissed the petition saying:

 

1. The Accused not shown any proof showing the accused made efforts to collect the documents from the addresses mentioned by the petitioner/Accused in the CrPC-91 petition.

2. Summoning the people to the court to produce the documents listed will cause inconveniece to the people who are holding the documents.



Learning

 2 Replies

Gagandeep Goel (Advocate)     24 November 2014

Hello There

It is incorrect to deny the application moved by you under section 91 Crpc.

The remedy is that you file a revision to the present application under section 397 read with 401 Crpc.

 

Regards

Gagandeep Goel

Advocate 

Chandigarh 987220 6969

Siv (engineer)     25 November 2014

Hi,

 

Seems Revision is not maintainable against the order of the petition U/s 91 of CrPC .... because order is Interlocutory in nature....


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