Vague and illegal order passed by Magistrate on recall application
1 week ago
An application u/s 340 Crpc was filed in an ongoing matter before JMFC Court against "Proposed Accused", which also includes his former advocate.
The "Proposed Accused" introduced new advocate on record.
The court Passed an order calling say on behalf of the "Proposed Accused".
I objected to the said order and filed application for recall of order (alongwith citations) stating that the "Proposed Accused" can not afford audience unless court files complaint u/s 340 crpc. On the very same day of filing the recall application, the former advocate of Proposed Accused appeared and argued the recall application. While argued as to how a discharged advocate can appear? He claimed that his vakalatnama was not withdrawn and Was also surprised to know that the vakalatnama of newly introduced advocate was missing from court record.
I filed complaint against missing court record.
Yesterday the court issued notice against the former advocate on my application for missing court record.
At the same time court also passed an order on my Recall application which reads that *"In view of order passed on (application for missing documents) there is no scope in recall application. Hence the recall application is taken on record"*
Since the order passed by the magistrate on my Recall application is vague and illegal. Shall I file revision before sessions court or approach High Court under the Article 227.
You can file a revision petition under Section 397 of the CrPC either before the Session Court or the High Court. However, the same has to be filed within 90 days of the decree or order passed by the trial Court. The High Court or Sessions Court will examine the matter as to its maintainability and legality. If the revision petition is filed by or on behalf of any person, then according to Section 399(3) of CrPC, the decision of Sessions Judge shall be final and no further proceeding by way of revision can be entertained by the High Court or any other Court.
Hope it helps.
Thank you.
It is a judicial order and you can go in revision before Sessions Court or approach High Court by filing a Writ Petition under Article 227. Your proposal is absolutely correct.
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 Article 131 of the Limitation Act, a criminal revision petition is to be filed by the aggrieved party within 90 days from the decree or order passed by the trial Court. Once a revision petition is filed under Sec.397 Cr. PC, the High Court or the Sessions Court may call for and examine the record of any proceeding pending before any subordinate Criminal Court situated within its or his local jurisdiction to satisfy itself or himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed by the trial Court. The power of revision shall not be exercised in relation to any interlocutory or interim order passed in appeal, inquiry, trial or other proceedings. An interim order is a temporary order passed by a Court during the pendency of a trial. As per Section 399(3) of Cr. PC, where any application for revision is made by or on behalf of any person before the Sessions Court, the decision of the Sessions Judge thereon in relation to such person shall be final, and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court. Hope the query stands addressed.
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