vivek (student) 11 December 2012

Revision of complaint case in high court

Dear Learned Experts,

Two years ago some people attacked at my house and caused injuries to three of my family members.An FIR was lodged on those people under section IPC 147/148/149/307/323/325/427/452/504/506.All of them had been arreted by police and jailed except one.In this case 3 witnesses have been examined.

Just for making compromise he had filed a case againt all of my family members through CrPC 156(3) .Mazistrate dealed this case as complaint case and recorded the statements under CrPC 200 and 202. and then learned mazistrate and dismissed his petition on the ground that there is conflict between ststements of complainant and witnesses..A

fter then he revised his case in session court.Session court has also rejected his revision.

Now he has moved to Highcourt u/s 482....

So please suggest me what should I do.What are the possible orders from high court.What is the possibility of rejection in High Court also.

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4 Replies

Goutam Prasad (Advocate) 11 December 2012

Has HC already accepted the revision under section 482 of Cr. P.C.

There are number of SC orders to hold that 482 Cr.P.C. should not be used as regular revision. Hence, there can be possibility of rejection.

But everything depends on circumstances and question raised in revision. It needs detailed study of actual case to make appropriate suggestion.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 December 2012

I agree. There is a very feeble possibility of 482 suceeding in these circumstances. 482 as held time and again has to be exercised not as a matter of course but rarely and with circumspection.

Nothing conclusive can be said though without going into the factual matrix of the case

Bharat Chugh - Advocate Supreme Court of India

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vivek (student) 11 December 2012

Dear Sir,

If lower court and session court have rejected the complaint case on the ground that there is conflict between the statements of witnesses and complainant then is there any probability that HC will set aside the order of lower court...