I had filed a private criminal complaint with a local magistrate..I was examined under oath & later for certain law reasons known to the magistrate, judge dismisses complaint & accused is never summoned..
How do i proceed??
Should i file an appeal in sessions court or do i need to approach the high court or is there are any other law remedy...
If the magistrate on verification comes to a conclusion that no offence is made out, the Magistrate is empowed to dismiss the complaint. It is not necessary that the summons should be served and accused called out. If you fill aggrieved, you may prefer a revision.
You have option to prefer Criminla Revision U/s 397 Cr.P.C. Criminal revision has concurrent jurisdiction, i.e. you may directly approach High court or you may file criminal revision at Session Court. I ll suggest u to go with Session Court.
order was passed by metropolotan magistrate u/s 200 crpc and complinant went for revsion in session court against that order and metropolitan magistrate rejected the case u/s 203 of crpc due to non verification of the complainant.
I want know can revison be valid in session court.