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R.SHAH (OFFICE STAFF)     14 February 2013

Cri. rev. is valid against dismissal order on private compla

Hi all,

I have file private complaint case before magistrate u/s 209,210 IPC which numbered as OMA no. XXX/2010 and prayed for investigation u/s 156Crpc. magistrate send for investigation to police station, police file negative report on it after argument magistrate dismissed my complaint (i.e. OMA no. XXX/2010). Against the dismissal order i file criminal application before district & session Judge, the Registrar give numbered as Criminal Revision Petition no. XXX/2012 and listed before District & session judge after the notice serve to police prosecutor the matter is pending since 1 year i file application for calling record and proceeding of trial court (i.e. OMA no. XXX/2010 ). Upon which the judge told me that in criminal revision no R&P is called only certified copy of order is needed, in Criminal appeal R&P is called, hence your present case should be criminal appeal not criminal revision.

Is there any judgment which say that criminal revision is correct against the dismissal of private complaint case. note that i m presenting this case in-person. hence need expert advice at soonest.

queries.

1. is my present case title is wrong.

2. is i have to file present case with title "Criminal appeal".

3. is the Registrar mistake of giving number on present case as "criminal revision petition" .

4. is the district court send my case to registrar for redressing / re-numbering it for fresh matter.

5. what is the remedy for me to save my present case.

6. is there any judgment which say that criminal revision is correct against the dismissal of private complaint case.



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