Divya (nil) 10 July 2013

Sessions court dismisses a matter, how to proceed further

Dear Experts,

I had a criminal matter in lower court and an order was passed for “Issue Process”. It was an incorrect order and I filed a revision on the same order. But unfortunately the District Judge has dismissed my revisions application and at this stage I have not been told any reasons for the dismissal.

Is it possible for the order to be reviewed before the same court or some other remedy before the other District judges of same jurisdiction.

Or do I Have to approach the High court & should I get the order of dismissal quashed passed by the sessions courts or do I challenge the order in high court.

Please advise me with all correct legal options.

Thankyou

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3 Replies

Divya (nil) 10 July 2013

FURTHER to the above query, can i approach high court to set aside the "order of dismissal" & can i request high court to allow complainant to approach sessions court to decide the matter afresh

subrata chandra polle (advocate) 10 July 2013

Dear friend,

under section 362 of the Criminal Procedure code, a criminal court cannot review his own judgemnent. Only remedy you have to file an application under Article 227 of the Constitution of India before the High Court challenging both the order the courts below. An order without any assigning reason is nonest in the eys of law. Even you can avail the jurisdiction under section 482 of the Cr.P.C. challenging the propriety the order impugned passed by the learned district & sessions judge. If the High Court set aside the order under challenge, then only can sessions judge consdier the case afresh.