Vague and illegal order passed by Magistrate on recall application
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 He claimed that his vakalatnama was not withdrawn and Was also surprised to know that the vakalatnama of newly introduced advocate was missing from court record.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.
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