bonafied (assistant) 13 June 2025

Should i file 397 if application 311 is rejected?

I completed partial cross-examination court time was over. On next date I appeared for cross-examination but PW1 asked for time. I got a date after 10 days I requested for date change but court refused. I was already sick so I could not travel to court due to 15 hrs journey. I recalled NBW and filed 311 subsequently. During 311 arguments magistrates says she won't allow for cross although I mentioned I need to show pictures and documents evidence to witness. I don't understand why court is refusing cross. How can we decide a case without proper cross examination? My order date is given to next date. Once I receive the order can I immediately go to Session or High court on the same day afternoon and submit 397 revision application? What is the procedure to file application to file revision application in higher court?

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Dr. J C Vashista (Advocate ) 13 June 2025

File a revision petition to allow recall of witness, which shall be considered and allowed.

bonafied (assistant) 13 June 2025

Should I file sec. 397 or 399 application since dissmisal of 311 is considered interlocutory. However, if it affects the rights of the accused then it cannot be considered as interlocutory.

Kindly suggest which application needs to be filed sec. 397 or 399

T. Kalaiselvan, Advocate (Advocate) 13 June 2025

If your petition filed under section 311 has been dismissed by court, then you can aproach high court with criminal revision petition seeking to set aside the trial court order and direction to the trial court to permit you to obtain the requisite documents to enable you to conduct the case properly relying on the documents that you propose to produce before the PW1 during cross examination.

You should demonstrate and convince the high court in the revision petition the importance of the documents you rely upon to get a favourable decision.

bonafied (assistant) 13 June 2025

By criminal revision petition you mean u/s sec. 397 is that correct. Sure I can state trial court order is against the law. Further include evidence details and quote few past court judgements that permit 311 application if it is genuine.

Incase 397 is dismissed stating interlocutory order will I have an option to file petition u/s 399 or 482 later?

T. Kalaiselvan, Advocate (Advocate) 14 June 2025

A criminal revision petition allows for the reconsideration of a criminal court's decision by a higher court, such as the High Court or the Sessions Judge.

This provision is enshrined in Sections 397 and 401 of the Criminal Procedure Code (CrPC). It essentially provides a mechanism to correct errors of law, jurisdictional errors, or to address situations where the lower court's decision is deemed incorrect, illegal, or prejudicial to justice.

If the revision petition is dismissed then you cannot file any fresh petition except to file an appealm against it.

bonafied (assistant) 14 June 2025

I need to file the application (along with self-verfication) with impugned order number and CC no. stating the documnets that will used during cross and their importance in deciding the case.

I need not attacth impunged order copy, 311 application that was filed earlier and documents which I will use during cross along with the 397 application is that correct? I hope court will anyway call for the case records if required.