Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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crusader   20 April 2015

Review petition under crpc 397/401

Once a judicial magistrate takes the cognizance of allegations under crpc 200 i.e. private court complain case, does the co-accused has the liberty to go for 'Review Petition' under crpc 397/401? The co-accused has been served 'Proclamation' notice (crpc 82) without receiving any summon, notice, BW, or NBW earlier with the help of our mighty police? Looking forward to the best possible solution regarding the same?


Learning

 4 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 April 2015

Dear,

 

First of all Courts have no review power you can challenge it in revision before the court of session.

co accused can appear before the same court ask for stay on PO proceedings or challenge it before court of sessions under 397/401 Cr.P.C

 

Rajiv Bhasin 

Solicitors and Advocates

Bhasin Legal Consultants

www.bhasinlegalconsultants.com

bhasin.laws@yahoo.com

9811210505

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 April 2015

clarification:-

 

Criminal Courts have not review power

 

 

Rajiv Bhasin 

Solicitors and Advocates

Bhasin Legal Consultants

www.bhasinlegalconsultants.com

bhasin.laws@yahoo.com

9811210505

crusader   21 April 2015

In this tricky situation, what would be advisable?

1. The accused should appear before 'Session Court' through his/her counsel and seek stay on the proceedings under CrPC 397/401 ?

OR

2. The accused should seek 'Anticipatory Bail' before session first and then file 'Quash' petition in the hon'ble High Court?

As the threat from the mighty police is looming large, hence what would be advisable in the long run so that the co-accused should not get further harassed by police as well also not get entangled in the time consuming litigations.

I would to thanks all respected seniors for replying to my basic queries.


Regards,

Legal Enthusiast

 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     22 April 2015

Dear,

First of all ascertain whether you have been summoned or ever served with court notice. If no notice is ever served then you approach the same court and ask stay of the proceedings by bringing the defect in your summoning in knowledge of the court and undertake to  participate in proceedings.

 

If notice / summons have been served check its report and reason and take certified copies of that documents to bring out lacunae. 

Any lawyer can check the court file on your behalf and inform you. 

 

Rajiv Bhasin 

Solicitors and Advocates

Bhasin Legal Consultants

www.bhasinlegalconsultants.com

bhasin.laws@yahoo.com

9811210505


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