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Siv (engineer)     21 July 2010

Where to file appeal on Magistrate court order

Hi,

 

I have filed discahrge application for my parents in Magistrate Court and is dismissed. I want to make an appeal to challenge the order.

 

Should I make appeal on the order in Sessions Court or I can approach High Court to challenge it?

 

Thanks in advance.



Learning

 9 Replies

sai suresh (advocate)     21 July 2010

you have not stated whether the case is a summons case or warrant case?

You have not stated on what grounds it was dismissed?

If it is a warrant case and if there is a valid ground to discharge your parents, you can file a revision petition before the Sessions court or High court

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     21 July 2010

U should file an appeal with the session court first. For more queries and help u can call me at 9871158578

Siv (engineer)     22 July 2010

Hi,

 

The case is 498A IPC.

Applied discharge on the ground :  no evidence against parents including wife parents.

Dismissed saying: Will be decided durign the trial.

 

Can I appeal/challenge magistrate court order in High Court directly without approaching sessions court.

Can I make appeals in Senssions court as well as in High Court simultaneously.

SHIRISH PAWAR, 7738990900 (Advocate)     22 July 2010

Dear Siv,

You have approach sessions court

regards

sai suresh (advocate)     22 July 2010

Hi Siv,

You should either file revision petition before the Sessions Court or High Court.  Because Both the courts have concurrent jurisdiction.  But you can't file two petitions simultaneously in both the courts.

Sai Suresh

94444475253

sai suresh (advocate)     22 July 2010

sorry my phone number is 9444475253

regards

suresh

Davinder Khurana Ferozpur(Punj (advocate)     23 July 2010

Dear,

 If you are aggrieved of the order of charge, you can go to Sessions Judge for Revision.

Siv (engineer)     23 July 2010

Dear All,

 

Under which section Revision petition is filed in Sessional Court being CrPC-482 is not applicable to Sessions Court.

 

In the Revision Petition who is the respondent. In my parents discharge petition respondent is State represented by the SHO through Public Prosecutor.

 

In revision can I make respondent as Magistrate or it shoud be State represented by the SHO through Public Prosecutor.

Siv (engineer)     26 July 2010

Dear All,

 

Under which section Revision petition is filed in Sessional Court being CrPC-482 is not applicable to Sessions Court.

 

In the Revision Petition who is the respondent. In my parents discharge petition respondent is State represented by the SHO through Public Prosecutor.

 

In revision can I make respondent as Magistrate or it shoud be State represented by the SHO through Public Prosecutor.


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