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Siv (engineer)     21 September 2010

Error in High Court Judgement

Hi All,

 

Recently revision in High Court is filed and court dismissed it. In the order Court held that " as per witnesses the alleged offences was partly happened in the jurisdiction fo the concern police who registered the case and lower court noticed and taken the congnizance".

 

Whereas my ground was like only one witness (among 6 witnesses) made such statement in that witness CrPC-161 statement. Similarly arguments were made to the court. ANd even as per Magistrate Court order (dismissal) also only one witness only made that statement (not all the witnesses).

 

Is there any way to request the High Court to lok into the matter and correct the statement in the order without going to Supreme Court.

 

As per law if only one witness makes one statement that is not made any other witness then that statements is considered as ommission or contradiction as per section 162 CrPC. If court can correct this then court may need to think applicability of the section 161 CrPC and may need to change the order.

 

Please suggest me what to do in this case....



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 September 2010

there is no provision to approach the same court to reconsider the order.  You have to approach the supreme court.


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