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Rajarshi Bhowmik (advocate)     08 April 2014

Revision application

Dear Friends,

I had filed an application u/s 156 (3) before the Ld CJM but most unfortunately the Ld CJM was pleased to reject the same on the ground of lack of Jurisdiction. My contention was as sum part of the offense has committed here and sum part t other the Ld Magistrate has jurisdiction to try the case and the local police has the jurisdiction to investigate the matter. But as Ld Magistrate had rejected my application finding no other alternative I had filed an revision u/s 397 before the Ld Season Judge and the Ld season judge was pleased to admit fhe same nd had fixed another date for the same and also ordered to submit the SR in the meantime.

My point is I had made the state as op in my application u/s 397 and also anexed a true copy of the revision application for the state.

Now whether I need to service summon to all the person whom I made accoused?

Can you please be kind enough and help me by providing me any certain clause or cittion that all the accouseds are not requered to be summoned in a criminal revision filed against the order of rejection of a complain petition u/s/ 156.

In anticipation  of your kind advise.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     10 April 2014

query repeated, please see your previous post for opinion.

Rajarshi Bhowmik (advocate)     11 April 2014

I understand. and in case where I am asking for an investigation if I summon the accoused prior to the investigation all the proves will be destroyed. But most unfortunately the Ld District Judge is asking any specific provision or citation of upper courts in support of my contention I tried but failed and so most anxiously waiting for your kind help. The next Date is fixed on 25/04/2014. So please.


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