LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ashok kumar (Social Worker)     24 October 2014

Revision against cognizance order in 138 nia case

Revision against Cognizance Order in 138 NIA Case

The trial court has taken cognizance and the accused has received the summons from the concerned Court. The accused desires to file a revision against this cognizance order (assuming that the accused has valid reasons for doing so)

1. Which is the right forum? DJ Court or the concerned Trial Court?

2. Within how many days of receipt of the summons should the revision be filed?

3. Can the revision be filed by an Advocate on the strength of the Vakalatnma or it is necessary for  the accused also to appears in person during filing of the revision?

4. Is it mandatory that before filing of the Revision, the accused appears before the trial Court and gets bail?

5. Is it mandatory that the accused agitates the matter with the Trial Court first, before moving for a revision?

6. Is there any other way/mode of challenging this cognizance other than filing a revision?



 9 Replies

MANOJ HARIT (LAWYER)     24 October 2014

Appoint a competent lawyers to care of these procedural issues. 

ashok kumar (Social Worker)     24 October 2014

It is precisely for that purpose only I asked!

Before I appoint a lawyer I wish to know so that I can assess the competency of the lawyer 

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     31 October 2014

Mr. Ashok..

First of all you appear in concerned court after getting bail, produce your defence/plea on appearing in same trial court. If your plea is good and Ld Trial court is quite satisfied, than you will be discharged.

Enjoy logic always.... 

ashok kumar (Social Worker)     31 October 2014

Can a plea / an application for discharge be made even after the Prosecution witness has began??

R Trivedi (advocate.dma@gmail.com)     31 October 2014

Once the summons have been issued, trial court cannot do anything due to a funny understanding of an order by Hon SC (Adalat Prasad...)....

 

Revision lies with session court for cognizance and summon order.

 

Ideally there is no limitation under S.397 CrPC (revision) if the matter has not been concluded, but again due to funny understanding of Limitation Act / Schedule by even the session courts (most of) it is taken as 90 days, so be safe rather than fighting the ignorance of presiding judge.

 

Accused has no escape from trial court if stay is not granted by trial court. 

 

Accused can move to HC under S.482 for quash...but in some cases HC have sent back to follow the proper channel that is revision first and then appeal under S.482...in some cases HC has taken up also.

ashok kumar (Social Worker)     01 November 2014

All said and done, Trivediji it boils down to this!

"THE STATE HAS NO ACCOUNTABILITY IN TERMS OF TIME SCHEDULE FOR A TRIAL AND IT CAN MAKE UNDERTRIALS LANGUISH IN JAILS FOR YEARS TOGATHER! THE TRIAL COURTS REMAIN HAPLESS SPECTATORS TO THE AGONY OF THE UNDERTRIALS YET EVEN IF SOMETHING PATENTLY ILLEGAL IS SEEN THE SAME WILL NOT BE HEARD BECAUSE THERE IS A LIMITATION TO BEING HEARD

CANT THIS SORRY STATE OF AFFAIRS BE CHALLENGED BY SOME PUBLIC SPIRITED LAWYERS??

R Trivedi (advocate.dma@gmail.com)     01 November 2014

The biggest flaw of our judicial system..

 

1. Law Degree is easily possible...even housewives (no disrespect) becomes lawyer within 3 years at the age of 35....with practically zero knowledge..

 

2. Majority of lawyers feel that it is ok, and lawful, to tell the lie in affidavit.

 

3. Magistrates, may be somewhat brighter lawyers, are given the responsibility of playing with lacs of people's life. In fact all experienced guys have become Session Judges, HC Judges and SC Judges. Let the litigant be experimented by young magistrates and only when litigant is in coma we will intervene that too if litigant is able to come to us.  Wow !!!!

 

Just imagine.....Young MBBS doctors are operating upon a patient, and senior experienced come to rescue only if the patient survives ???   

 

4. Let me tell you, the S.138 trials are bl**dy farce......it takes 7 years to settle a cheque bounce case ?? This absolute incompetence of judiciary...

 

Nothing will happen till..

 

1. Perjury is implemented properly.

2. Magistrates and judges are held liable for incorrect decisions. They should be as accountable and criminally liable as the doctors for diagnosis (cognizance) and treatment (trial)..

3. Standard enhancement of lawyers.

4. Tough admission and selection criteria for LLB., the admission test should be made at par with Engineering / medical with no donation or direct admission.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 November 2014

Dear Ashok

My opinion on your queries are as under:

 

1. Which is the right forum? DJ Court or the concerned Trial Court?

Opinion: Session court or High Court, An order passed u/s 204 Cr.P.C. summoning the accused to stand trial was held revise-able u/s 397 Cr.P.C. as an intermediate order, by the Hon'ble Supreme Court in Rajendra Kumar Sitaram Pande and others v. Uttam AIR 1999 SUPREME COURT 1028

 

2. Within how many days of receipt of the summons should the revision be filed?

Opinion: Within 90 Days

 

3. Can the revision be filed by an Advocate on the strength of the Vakalatnma or it is necessary for  the accused also to appears in person during filing of the revision?

Personal Appereance is not necessary, the advocate can do that.

 

 

 

4. Is it mandatory that before filing of the Revision, the accused appears before the trial Court and gets bail?

If the next date of hearing of the case is fixed before the session court/high court order, then the accused have to appear before the court and apply for bail..

 

 

5. Is it mandatory that the accused agitates the matter with the Trial Court first, before moving for a revision?

Opinion: No, it is not mandatory

 

6. Is there any other way/mode of challenging this cognizance other than filing a revision?

Opinion: File a Quashing petition before HC u/s 482 of Cr.P.C

ashok kumar (Social Worker)     02 November 2014

Thank You NadeemJi for such a crisp and complete reply!

And trivediji how beautifully you have put the harsh reality, which a few of us do feel, but dont have words to put properly

3. Magistrates, may be somewhat brighter lawyers, are given the responsibility of playing with lacs of people's life. In fact all experienced guys have become Session Judges, HC Judges and SC Judges. Let the litigant be experimented by young magistrates and only when litigant is in coma we will intervene that too if litigant is able to come to us.  Wow !!!!

 

Just imagine.....Young MBBS doctors are operating upon a patient, and senior experienced come to rescue only if the patient survives ???   


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query