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karthikei balan (Advocate)     04 November 2012

Criminal appeal or criminal revision

Dear Experts,

I am raw junior and new to criminal law practice.Please clear my query and my hearty thanks to all members in advance. This site of great use to gain practical experience.

Facts :

 A private complaint was preferred under sec 200 crpc against a guardian appointed through will for misappropriating the minors property. He has never used the income from that property to the minors welfare. the mother of the minor preferred a criminal complaint(CRIMINAL BREACH OF TRUST & CHEATING) and sought to register the complaint, but the Trial court dismissed it by saying it is is of civil nature as the Will doesnot specifically say the income from minors property should be used for his welfare.

"Will" says till he attains majority , so and so person shall look after the property and after he attains majority he shall have exclusive rights over the property.

 

Question :

(1) Whether a criminal appeal or a criminal revision should be preferred against this order in High Court ?

(2) Absence of specific mention will it be put against the minors benefit?



Learning

 4 Replies

Nitish Banka (lawyer)     04 November 2012

1. Appeal is preffered.

2. Looking after property means maintainance of the property not welfare of minor.Till minor attains majority.

karthikei balan (Advocate)     04 November 2012

thanks for ur reply. should i prefer appeal, if so what provision?....and what about the income from the minors property till he attains majority if guardian can only maintain it????

Ravikant Soni (LAWYER IN JAIPUR)     05 November 2012

Mr Nitish has wrong approach. This order of rejection of complaint is not appeallable hence prefer revision in sessions court.


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