Dear Experts: Require urgent information for HC hearing tomorrow!
Facts of case:
1. In IPC 498a, police seized passports of A4.
2. Return of passport application (filed in Feb 2013 and decision in Apr 2013) rejected in Trial court stating to refile an application after framing of charges.
3. Appealed the same in session court (Filed in Jun 2013 and decision in Aug 2013) and session court upheld trial court decision stating to refile application after framing of charges.
Now this is where I require your help:
4. Lawyer filed criminal revision for passport return in HC (filed in Dec 2014), but section made a mistake and filed it under Criminal Appeal
Now the HC judge sitting on Criminal appeals bench states that he has no authority to judge over the matter that is clearly Criminal Revision matter. (Criminal Revisions are being addressed by another judge). However after my lawyer pleaded, HC judge mentioned that he would look into the matter see if he has the authority or if there is a possibility for him to judge over the matter.
Now, this is where I need your expert help,
1. How can my lawyer convince the judge (using any sections, articles, judgements etc) to state that he can judge over this matter.
2. Is there an appeal period time limitation from the time the session court gave the judgement to the time we filed our petition in HC.
3. Because the return of passport application was filed after a period of one year, can it be considered as appeal rather revision because the appeal period is over?
4. Are there any other sections of the law, constitution that we can invoke to show that our application for return of passport can qualify as a criminal appeal and hence the judge can pass judgement on it.
5. If all else fails, can we request this judge to give orders to the trial court for a speedy trial? Is there a process we need to follow?
All help is appreciated and thank you much in advance.
