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R.SHAH (OFFICE STAFF)     21 February 2012

Appeal on order 156(3)

I have file private complaint which number as O.M.A. xx/xxxx and magistrate order for 156(3) report and police filed final report as negative. after argument but judge dismissed my case.

my queries.

1. i have to file appeal or revision against this order in session court ?

2. under what section i should file revision / appeal in sessikon court ?

3. i have to mentioned grounds for revision/appeal ?



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 February 2012

Dear Querist, 

Yours is a dismissal of case u/s 203 of the CrPC, your remedy lies in a revision u/s 397 after which the COS in its discretion may order an enquiry by CJM or subordinate magistrate u/s 398. 

Rajeev Kumar (Lawyer/Advocate)     21 February 2012

Yes Mr.Chugh has directed you the right process.

R.SHAH (OFFICE STAFF)     23 February 2012

i have to make only state as respondent in my cri. rev. or accused person also be made as respondent 2 ?

this complaint case is file u/s 209, 210 ipc which falls under 195 crpc bar. but i have sited SC judgment in case where this two ipc  excluded only 195 to 199 are by concer court complaint. another SC judgment which speak that even those section needs court complaint only, the court should make complaint by following the procedure laid u/s 340 crpc after investigation police file chargesheet on IPC which are hit by 195 crpc bar.
 

however, my complaint is dismissed on other ground that such false claim is not an issued before that court who dispose offf the case and out of which this private complaint arise.

kindly advise can i make prayer clause alongwith others prayer : this court (session court) can make inquiry u/s 340 crpc for offence committed by accused in the proceeding disposed off by the another session judge. ?

kindly advise.


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