Upgrad LLM

petition u/s 397 - calling for reocords

SSE

Petitioner of crpc 125 (Maintenance case) has earlier filed petition u/s 91 for the production of salary slip on record which was denied at first and later accepted by JMFC court and ordered HR manager to appear before court with latest salary slip.

 

Opponent filed 397 ( Criminal Revision Petition) at Session Court challenging the order passed by JMFC court.

 

it has been 2-3 dates passed at Session Court and now honorable judge has today issued summon again as no one from their side appears before court.

 

How long will it take for decision of 397?

 

What will happened to 125 case and the order which is already passed and which is under challenge? 

 

Will the order be stayed automatically?

 

Hon. Magistrate verbally told me that get the stay order otherwise HR manager will be summoned without further waiting.

 

If HR manager is summoned than what would be the use of crpc 397 revision petition?

 
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Advocate

In my view, revision is not maintainable as it is hit by bar contained in section 397(2) of cr.p.c. Anyhow, it was luckily numbered. Move stay application. Else you can play a simple trick. Normally once revision petition is numbered, lower court record is called for. When lower court record is sent to revisional court, trial court cannot move ahead. Your problem will be solved. All the best.

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Advocate

In my view, revision is not maintainable as it is hit by bar contained in section 397(2) of cr.p.c. Anyhow, it was luckily numbered. Move stay application. Else you can play a simple trick. Normally once revision petition is numbered, lower court record is called for. When lower court record is sent to revisional court, trial court cannot move ahead. Your problem will be solved. All the best.

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Advocate

Approach the revision court with an application to dispose the revision petition before the next date of hearing at the trial court or give a stay to the impugned order.  In the revisional jurisdiction, most of the times trial court records are called for.  Why did not it happen in your case is an intrigue.


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SSE

Thank you for the responses and throwing lights.

 
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SSE

Updates:

 

Section 397 (Revision application - Calling for records) is pending before honorable session court. I have challenged the summonsing order.

 

But before honorable session court gives their decision, lower court has issued summons.

 

My queries:

 

Is there any use of Revision Application further?

 

 

If honorable session court gives their decision, what would be impact on the case?

 

Thanking you.

 
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SSE

Experts and/or Experienced People.

 

Kindly give you view.

 

Am I losing the case?

 

Will court not support my contention?

 

 
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