Appeal or Revision against final order in application Us 156-3
6 months ago
My application U/s 156(3) Cr.P.C. got dismissed by the JMIC.
(1) Should I file Revision/Appeal before Session Judge or in HC ??
(2) The accused will be party in Revision/Appeal ??
A.Dear Sir,
Better to prefer revision before the Sessions Court against such orders passed by the Trial Court.
Better to prefer revision before the Sessions Court against such orders passed by the Trial Court.
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A.Dear Client,
(1) Filing a Revision/Appeal
If your application under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) has been dismissed by the Judicial Magistrate (JMIC), you have the option to file either a Revision or an Appeal. If you believe that there is an error in the order or that the order is not in accordance with the law, you can file a Revision before the Sessions Judge. A Revision is generally a faster and more accessible remedy, and it is appropriate when you want the higher court to review the decision of the lower court. However, if you believe that the order suffers from a fundamental legal flaw or that your rights have been violated in a significant way, you may choose to file an Appeal before the High Court. An Appeal is a more comprehensive review of the case, and it is appropriate when you want to challenge the legality of the order itself.
(2) The Accused in Revision/Appeal
In a Revision or Appeal, the accused is typically made a party to the proceedings. This is because the accused has a significant interest in the outcome of the case and has the right to defend themselves. When you file a Revision or Appeal, the accused will be given an opportunity to present their side of the case, respond to your arguments, and challenge the lower court's decision.
(1) Filing a Revision/Appeal
If your application under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) has been dismissed by the Judicial Magistrate (JMIC), you have the option to file either a Revision or an Appeal. If you believe that there is an error in the order or that the order is not in accordance with the law, you can file a Revision before the Sessions Judge. A Revision is generally a faster and more accessible remedy, and it is appropriate when you want the higher court to review the decision of the lower court. However, if you believe that the order suffers from a fundamental legal flaw or that your rights have been violated in a significant way, you may choose to file an Appeal before the High Court. An Appeal is a more comprehensive review of the case, and it is appropriate when you want to challenge the legality of the order itself.
(2) The Accused in Revision/Appeal
In a Revision or Appeal, the accused is typically made a party to the proceedings. This is because the accused has a significant interest in the outcome of the case and has the right to defend themselves. When you file a Revision or Appeal, the accused will be given an opportunity to present their side of the case, respond to your arguments, and challenge the lower court's decision.
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