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Siv (engineer)     17 July 2014

Magistrate court order passed not on what asked

Hello Sirs,

 

Magistrate has passed the order in criminal miscellleneous petition (CRLMP) whithout making findings on the prayer made by the petitioner .... for example: petitioner prayerd for order to production of documents by the office of BSNL office and Income Tax department before the court .....

 

In the order the court not stated anything about producing documents from  Income Tax department and passed order accepting the prayer for production of documents by the office of BSNL office. By reading the order of magistrate nothing says whether the court denied the prayer of petitioner on  production of documents by the office of  Income Tax department.

 

What shall I do ... can i make one more petition specifically for  production of documents by the office of  Income Tax department....

 

Will that petition valid in law.



Learning

 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 July 2014

Please appeal in High Court with appropriate appeal CrPC along with Article 227 (Criminal Writ).

Article 227 gives HC for supervisory over all the subordinate courts.

 

The sample petition attached bellow. Total 2 files. If possible file it in-person (Without Advocate).


Attached File : 978303140 0 - page sample227petition.doc, 978303140 main sample227petition.doc downloaded: 108 times

Shantilal Pandya ( Advocate)     28 September 2014

The prayer which is not granted is deemed to have been refused, however there should be speaking order of such refusal, and if it is bonafide mistake, you may file review petition  in the court which passed the order instead of moving higher court.  

Siv (engineer)     29 September 2014

Thank you Sirs,

Does the Review is maintainable in the smae court..... because it amounts to reversing the order some times..... Being the court is Criminal Court is it possible


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