2 years back, I filed 498 & Domestic Violence on my husband. In return, now my husband has filed a private complaint in court under section IPC 323, 504,506, 34 on me, my father & Brother. Surprisingly, the court has also process issued against us and sent summon to all three of us. Now we have to apply for Bail on 1st hearing.
My question is :
1. At this initial stage, can we challenge this in higher court like Session court for revision or can appeal in High court to dismiss this? This false case is just to pressurize me to take back 498 & DV case from my husband.
2. Is Issue processed is also an order, which can be challenged in Session court or do we still have to wait for some order to be passed by the lower court to challenge that in above courts?
3. Can we challenge it directly in High Court or first have to go to Session court first, as this is a private complaint.
4. My husband has already filed 3 cases on my retired father to pressurize for settlement and now me & my brother. Please help !
A.dear client If you are innocent you can straight to the High Court and file under 482 Cr.P.C. court will take preference.
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Anonymous
Replied 5 years ago
But its a private complaint filed. Can we still go directly to High court or have to go to session first.
Rajender Prasad
Responded 5 years ago
A.dEAR LET THE POLICE FINISH THE ENQUIRY IN TH E MATTER YOU CAN CONVINCE THEM. tHEREAFTER YOU CAN APPROACH hIGH cOURT FOR QUASHING THE FIR. For details, pl. contact some advocate through vidhikarya.com
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Vishwabandhu
Responded 5 years ago
A.डियर क्लाइंट आपने कंसल्टेशन चाहा है तो इसके लिए इस साइट के नियम के अनुसार आपको रुपया ५०० जमा करने के बाद अपने केस से सम्बन्धित सभी कागजो की फोटो कॉपी भेजनी पड़ेगी .
आप यह बताये की आप का केस कान्हा चल रहा है ? यदि यह केस मध्य प्रदेश मे है तो जबलपुर हाई कोर्ट मे आप क्रिमिनल रीवीजन या क्रिमिनल प्रोसीजर की धारा ४८२ की याचिका लगा सकती है
A.Both courts have concurrent jurisdiction you can approach any court
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Anonymous
Replied 5 years ago
High court lawyer saying high court will not entertain directly. 1st go to session Court.
Rameshwar Dadhe
Responded 5 years ago
A.Dear sir u can file Criminal revision against present order of Trial Court in Sessions Court or High Court
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Vishwabandhu
Responded 5 years ago
A.Dear Client Try to under stand the point and do not get confused.
U can file criminal revision against issue of process in Sessions or High Court as the both Courts have
Concurrent jurisdiction and it is your liberty which court u want to select.But once u have selected the court u wiil be binded by its order.
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Vishwabandhu
Responded 5 years ago
A.Dear Client u can file Criminal revision against present order of Trial Court in Sessions Court or High Court under abiove sections But at present Court has registered a case gainst u and if u do not want to remain present in Court on next date so u file criminal revision and get stay before the date given by Court.
Thus there r two options :-
1 File the Petition under sec 482 Cr.P.C. and get stay from High Court OR
2 File Cruminal Revision in Sessions or High Court and get stay.
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Anonymous
Replied 5 years ago
Is issue process also an order that can be challenged in session or high court?
At this stage, shall I apply in session first or high court?
Would high court entertain us directly without approaching session court?
Vishwabandhu
Replied 5 years ago
Dear Client u can file revision in Sessions Court or High Court against issue of process.
Vishwabandhu
Responded 5 years ago
A.Dear Client if u have any proof regarding that u r innocent and not involved in the said crime then u can file a petition in High Court under sec 482 Cr.PC to quash the proceedings in Lower Court.
Dear client u can file Criminal Revision in Sessions Court or High Court under sec 397/401 Cr.P.C only after the Charges r framed against u by Trial Court.
Dear Client,
You have to approach the concerned court regarding the case hearing dates. You can connect with the Registrar of the Court and provide the particulars of the case to seek updates and the...
Dear Client,
A person is not considered for a govt job if he is prosecuted or convicted by a court in a criminal case. Mentioning a court case on a government job application can have different impli...
Dear Sir,
Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.
Dear Client,
A criminal revision petition challenging the order of the subordinate Court may be filed under Section 397 of the Cr. PC either before the Session Court or the High Court. According to A...
Dear Client
This can be a serious issue if a complaint is lodged with the police as the girl is still a minor and apart from other Sections of the Indian Penal Code the boy can be even booked (a possi...
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