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CoolingWood (engineer)     15 July 2014

Will court get angry on this petition u/s 294 of crpc

Dear All,

 

Accused-A1 field 60 documents in trail court in a case U/s 498A of IPC after 313 of CrPC statement. Then filed petition U/s 294 of CrPC seeking admission or denial of genuineness of documents to use those materials as evidence in support of defence/accused WHEREAS the court dismissed the petition saying  admission or denial of genuineness of documents will be looked into only at the time of examination of accused while giving evidence.


Now the Accused-A2 is planning to file same petition stating that the Accused-A2 is not entering into witness box to give defence evidence and the prosecution may be ordered to admit or deny the genuineness of documents that are part of  list of documents filed by the Accused-A1 in this case and such procedure is in accordance with the law and the Accused-A2 relied on below judgments: 

a.     Judgment of Hon’ble Madras High Court in case of S.Ramkumar Vs State Rep. By passed on 15 February, 2011.

 

b.   Judgment of Hon’ble Bombay High Court in the case between Dr. Mrs. Pratibha W/O Prabhakar Vs State Of Maharashtra And Other passed on 27 September, 1994

 

c.    Judgment of Hon’ble High Court of Andhra Pradesh in case of Criminal Petition No. 411 of 2002 between Md. Akbar and Anr. Vs. State of A.P.

 

 

d.   Judgment of Hon’ble Gowhati High Court in case of Criminal Revision Petition No: 552/2012 between Guwhati Sub-Divisional Market Committee Vs. Sri Suresh Sikaria.

This petition is indirectly challenging the order of the same court referring the judgments of various High Court ..... will this approach makes the trail court get angry? 

Does this procedure is wrong and is ilegal ....



Learning

 9 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     16 July 2014

Dear Munirathnam,

 

Same criminal court cannot review its own order, you can either challenge it in revision before session court or file criminal misc. petition before high court. filing same application is of no use and court would dismiss it.

 

Rajiv Bhasin 

Advocate 

BHASIN LEGAL CONSULTANTS

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

Siv (engineer)     16 July 2014

Agree with you but when the another petitioner files petition with suppor tof citations from Hon'ble Supreme Court or High Court then court shall obey those orders ..... right.... else the Magistrate Court will never change its order in present case (later stages) or in any other case....

 

Suppose in nother case in same court if the accused of another case files silimar petition then court shall pass orders in accordance with law respecting the citations from Hon'ble Supreme Court or High Court... right.

 

Any how by passing new order on petition filed by new petitioner after some time gap would not be considered as revising the orders of the court..... right

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     16 July 2014

Dear Siv,

 

Court has already given its mind, order cannot be reivewed by same court it is settled law by supreme court in the matter of Adalat Prasad Vs Roop Chand Jindal. another coaccused by filing same application wants the review of earlier order which will be against the law. 

Rajiv Bhasin 

Advocate 

BHASIN LEGAL CONSULTANTS

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

Siv (engineer)     16 July 2014

Dear Rajiv Bhasin,

 

I respect the comment that court can not review its own order.... here the questions is not about reviewing the same order ....

 

I am considering filing the new ptition by another accused who will bring the law position differently than the privious accused ..... this is nothing but based on the Higher Courts decision another accused wanted to show the law position and get relief....

 

How this actions amounts to reviewing its own order.... if it is true then what ever faulty order passed by the court eralier, whch were orverruled by higher court in the past, then also the court shall not change its mind and allways in alll cases the court shall pass wrong order and it shall be challenged in higher courts....

T. Kalaiselvan, Advocate (Advocate)     17 July 2014

Mr. Engineer, it appears that you want to test your engineering skills before the court, do it if you want to experience the bad taste.   Yo have been properly addressed by Advocate Mr. Rajve Bhasin, you seem not to get convinced, decide yourself about further course of action.

CoolingWood (engineer)     17 July 2014

You mean law do not have answers to the logics of engineers... If you have reply that counter you better to give it. Did you notice dirty tric s already played. . .

CoolingWood (engineer)     17 July 2014

You mean law do not have answers to the logics of engineers... If you have reply that counter you better to give it. Did you notice dirty tric s already played. . .

CoolingWood (engineer)     17 July 2014

You mean law do not have answers to the logics of engineers... If you have reply that counter you better to give it. Did you notice dirty tric s already played. . .

CoolingWood (engineer)     17 July 2014

You mean law do not have answers to the logics of engineers... If you have reply that counter you better to give it. Did you notice dirty tric s already played. . .

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