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rajiv rajan (rr)     26 December 2011

Review of judgement

In 304b and 498a

when we quash the FIR by using in HC CrPC 482.

two different application is filed.

1. Co-accused application is dismiss by judge

2. Main accused application judgement is  "After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Court below within three weeks from today and applies for bail, then his bail application shall be considered and decided, expeditiously, in accordance with law, after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence"

Same court has given two different judgement for Same case.

it is possible to get same for co-accused. or we go to SC for the different judgement give by same court.



Learning

 18 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 December 2011

get the bail for main accused at lower court first and it depends on FIR  for further appeal for co accused.

rajiv rajan (rr)     26 December 2011

sir,

main accused already get regular from session court. and chargesheet is in court submit by police

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

It would depend on the facts of the case, whether moving SC would be beneficial or not.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

N.K.Assumi (Advocate)     27 December 2011

Yes, depends on the facts of the case as pointed out by Shonee Kapoor.

rajiv rajan (rr)     27 December 2011

then what to do kindly suggest.

quash the charge sheet or go for review.

rajiv rajan (rr)     27 December 2011

kindly explain the meaing of facts of case

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

Unless we know the facts of the case, nothing can be advised 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Romia Suzzy (lawyer)     28 December 2011

Hi, Yes, will depend on the facts of the case as outlined by Shonee Kapoor. Thanks..

nj workers compensation lawyer

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 December 2011

Facts of the case means what are the contents of the FIR, Chargesheet etc.

 


Regards,
 
Shonee Kapoor

rajiv rajan (rr)     01 January 2012

I Want to know review of judgement is possible of not 

if Yes then where to apply HC or SC.

In Charge Sheet no evidence submit by opposite party. 

At the time of FIR also no evidence given to police.

The file false case against us.

Girls is suffering from mental disorder from childhood. all medical papers are available. but at the time of marrige they not informed. It is also mentioned in suicide note. PM report is saying that death is due to hanging no external injury is found. Husband mother and bother never come to place it is around 700 kms from native place. It is also mentioned in police investation report.

Even opposite party witness is saying Saddi ka samay" Dahaj is maga nahi ki gai thi  Jo bhi diya hai kushi sa diya tha."

rajiv rajan (rr)     01 January 2012

I Want to know review of judgement is possible of not 

if Yes then where to apply HC or SC.

In Charge Sheet no evidence submit by opposite party. 

At the time of FIR also no evidence given to police.

The file false case against us.

Girls is suffering from mental disorder from childhood. all medical papers are available. but at the time of marrige they not informed. It is also mentioned in suicide note. PM report is saying that death is due to hanging no external injury is found. Husband mother and bother never come to place it is around 700 kms from native place. It is also mentioned in police investation report.

Even opposite party witness is saying Saddi ka samay" Dahaj is maga nahi ki gai thi  Jo bhi diya hai kushi sa diya tha."

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

Review can be done by the same court and yes it is possible.

 

But what is the moot point in your query?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

rajiv rajan (rr)     01 January 2012

 

In 304b and 498a


when we quash the FIR by using in HC CrPC 482.



1. Co-accused application is dismiss by judge


2. Main accused application judgement is  "After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Court below within three weeks from today and applies for bail, then his bail application shall be considered and decided, expeditiously, in accordance with law, after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence"


Main Accused get the regular bail from session court.


As their is two different judgement from same case/offence and same court


it is possible to get same discission as main accused  for co-accused.

So that we get regulat bail on same day.

rajiv rajan (rr)     04 January 2012

Sir,

If review is possible under which I can go for that


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