Appeal or revision against order in Application during criminal trial?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months ago.

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  • #1761

    Anonymous
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    During the criminal trial before a Magistrate, the court has rejected an application filed by the complainant on a specific issue. This is not the final order in the criminal trial, but only on the application on a specific issue during the trial. If the complainant wants to challenge this order, how to do it? By appeal or revision? Moreover, in which court it is to be challenged, before the high court or the session court?

  • #1779

    You have given no details of the nature of the order that has been passed by the Magistrate court. In the absence of any specific details, it is difficult to give a specific answer. So, here are some general observations.

    Section 372 of the Cr.P.C. clearly says that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the Criminal Procedure Code or by any other law for the time being in force. Therefore, there has to be a specific provision in the Cr.P.C. for appeal. I cannot comment on the specifics of your question since you have given no details to enable me to check whether there is an appeal provision in respect of the order passed in your case. However, I can point out that if there is an appeal provision, then the appeal would lie with the Sessions Court from an order passed by the Magistrate.

    But, suppose, there is no appeal provision, then there may be possibility of a revision under Section 397 Cr.P.C. Both the Sessions Court and the High Court will have concurrent jurisdiction in revision, but it is preferably filed in the Sessions Court against order of the Magistrate court.

    Please also note that Section 397 clearly says that there would be no revision against an order which is interlocutory. So, again in the absence of details, one cannot know whether your order is interlocutory.

    Now, presuming that there is no possibility of revision also (in your case), then you may have to approach the high court under Section 482 of Criminal Procedure Code for challenging the order of the Magistrate, under the general / inherent powers of the high court.

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