482 Crpc petition in High Court where conviction without hearing accused

[Anonymous]

An accused has been convicted by the magistrate court without even hearing the accused or his advocate. His rights of hearing were denied. In such situation what should the accused do? Should he challenge the conviction in appeal before the session court or should he go to high court by filing petition under section 482 crpc for asking for rehearing of the case by magistrate? What is better remedy?

[Dr. Ashok Dhamija]

It is a conviction from the Magistrate court, against which there is a provision for appeal in the Sessions Court. Therefore, it would not be possible to approach the high court by way of a petition under Section 482 Criminal Procedure as an alternative remedy of appeal to Sessions Court is available.

In your appeal to the Sessions Court, in addition to your arguments on merits, you can also show all irregularities in the trial, including denial of proper opportunity of being heard. The appellate court has sufficient powers to take all corrective actions and do justice in the appeal. So, do not worry about filing an appeal.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts