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Sanjay (Manager)     19 February 2015

S. 397 crpc

If a criminal complaint is registered u/s 200 CrPC, can the accused, avoiding the summons, without appearing in the Trial Court, go in for Revision, u/s 397 CrPC to the Sessions Court with Certified Copy of the Order obtained in some other name? 

Any related citations?

 

Thanks

Sanjay



Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 February 2015

When a private complaint is lodged certain formalities have to be gone into. Section 200 provides that the Magistrate will examine the complainant on oath and at that stage, the Magistrate makes up his mind after reading the complaint and going through the statement of the complainant which is reduced into writing, whether he should issue process or not. It is at this stage that the Magistrate has to consider whether examination of the complainant and the sworn statement of the complainant before him constitute sufficient material for proceeding with the case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 February 2015

Dear Querist

 

If a complaint was filed u/s 200 and after taking cognizance the magistrate issue the summon to respondent/accused then the accused may file a quashing petition before HC u/s 482 of Cr.P.C along with his/her defense.

 

the accused may file a revision petition before session court or High Court u/s 397 of Cr.P.C against the summoning order. because this order is not an interlocutory Order, hence revision lies and section 397(2) of Cr.P.C will not be applicable as bar to file revision.

 

revision may be filed.

There is various Judgments.

Feel Free to Call

Sanjay (Manager)     19 February 2015

Thank you for your suggestion.

However, my question was

1.Whether the accused can file a revision u/s 397 or 482 without appearing in the trial court? 

2. Is it not required by the accused to attend the trial court during the pendency of the revision?

kvss.prabhakar rao (Advocate )     20 February 2015

Nadeem  qureshis is correct.

T. Kalaiselvan, Advocate (Advocate)     21 February 2015

Have you not understood the reply given by learned Mr. Nadeem Qureshi?  Any petition for quashing or other action against the summon will lie only after receiving the summon, however, the accused can approach high court for quashing u/s 482 of the same even before appearing before the lower trial court, but he cannot claim excuse to not to appear before the trial court after receiving summons on the basis of pendency of quash petition,he should appear and make his stand clear on the subject before the trial court.

Sanjay (Manager)     21 February 2015

Thank you for your suggestion.

Could you refer to any citations to prove:

1. That an accused u/s 200 CrPC should first accept Summons and appear in the trial court, prior to filing of CrPC 397 or 482?

2. Irrespective of pending  revision/482,  the accused should attend the Trial Court proceedings.

 

 

Biswanath Roy (Advocate)     22 February 2015

Summon  is a direction  for appearance before the court any defiance to that  direction tantamount to contempt according to law of contempt.

kvss.prabhakar rao (Advocate )     22 February 2015

K.M. Mathew v. State of Kerala and another AIR 1992 SUPREME COURT 2206

please  read this  judgment you can find your answer

Suneet Gupta (www.vashiadvocates.com)     26 February 2015

The application for Revision or Quashing the case can be filed at anytime, before or after accepting the summons. The summons is a process to inform the accused about the case and to order him to appear in Trial Court on a particular date. The accused can come to know about the case without the summons also. If the accused has filed for quashing of case in a higher court, then he cannot claim that he has not received the summons, because it is obvious that he is aware of the case. In this situation he has to appear before the court unless he has specifically been exempted by the trial or higher court.

Sanjay (Manager)     12 April 2015

Unfortunately I found nothing in Contempt of Court or K.M. Mathew's Citation which states that a person filing a Revision u/s 397 has to first appear in Lower Court. However, citation Deepak Sahu vs St. of MP 2012(2) MPLJ (Cri)is of some help, though not exact. Kindly inform of any other similar citations dealing with tenability of Revision.

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