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AJAY SINGH (XYZ)     22 June 2015

Process pending revision in trial court

1) A petition filed for Fair investigation in Trial court, plea rejected.

2) Revision filed in sessions, with plea to call all records, including case diaries to Session court.

My question is, if the chargesheet filed in the meantime, with the trial court, can the magistrate take cognizance pending revision with sessions? 

Regards.



Learning

 2 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 June 2015

If stay not granted during the procedings of the revision then trial court might take cognizance.

Apply for Anticipatory Bail (CrPC 438) also in session court to be in safe side.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     22 June 2015

Originally posted by : AJAY SINGH

1) A petition filed for Fair investigation in Trial court, plea rejected.

As per me this plea should have been given to PHQ.

2) Revision filed in sessions, with plea to call all records, including case diaries to Session court.

Why NOT RTI brother ? Get all that thru RTI. Quote Sheela Barse Vs State of Maharashtra (48 hours) life & liberty clause & ask info within 48 hours. This method is cheaper & faster than court CC. (And effective too)


My question is, if the chargesheet filed in the meantime, with the trial court, can the magistrate take cognizance pending revision with sessions? 

If CS is filed that's why the above point 2 suggestion for RTI.

Further, if the case file has been summoned to sessions then technically it is a stay on all lower proceedings. Non-technically MM would/might like to do whatever he wants to so it's upto you or your pleader how this matter is handled boldly & technically. Take your decisions yourself & wisely seeing all pros & cons


Regards.

 


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