sanjay kumar patibandla (advocate) 23 October 2008
kumar sachin (lawyer) 24 October 2008
no it is absolutely not proper.
u may prefer revision against tht order in superior court.
Hemant Agarwal (firstname.lastname@example.org Mumbai : 9820174108) 24 October 2008
Just want to know, in the matter instant.
1. What is the "illegality" in the 2nd MM's allowing the petition.
2. Does not the MM have discretionary power to do so, to allow the accused to examine another witness, in order to serve or uphold justice.
3. Did the Complaintant file any objection to the new petition.
4. Does not the Accused have right to defence or put up new evidence / witness till just before the final order.
Keep Smiling ... HemantAgarwal
Akhilesh Maurya (Private legal practice) 24 October 2008
By allowing the order on same application filed by the defence without changing any words is wrong. The Hon'ble Magistrate has not applied her judicial mind in passing the order on same type of application. You have remedy to file revision in higher Courts.
anonymus (confidential) 24 October 2008
sirs, dont be too hypertechnical, as Agarwalji has rightly pointed out, after all the accused has a right to let in further evidence. What is illegal in allowing the petition to reopen the case to let in further defence evidence. There is no restriction on the number of petitions u/s 311 but only thing is suitable reasons to be stated for either allowing or dismissing it. ( hope the question whould not have arose if Mr. Sanjay had appeared for the accused)
shailendra 09709516844 (student) 03 November 2008
yes. he has comitted illegaly . resolution is the only solution