• Defence by private lawyer

We have discharged by the trial court under  section 498a 406 323 506 due to non availability of proofs. we have sufficient proof to be innocent. now the girls side challenged the discharge through private counsel in the session court. is the private lawyer is competent to file revision instead of govt      lawyer
Asked 1 month ago in Family Law from Amritsar, Punjab
Religion: Sikh
1. The de fact complainant is competent to challenge any order passed by the trial court if she is aggrieved by any order.
2. However in the case of appeal the leave of the court is required to be taken for preferring an appeal to be made by the de facto complainant.
3. So in your case since Revision if filed by your wife is very much maintainable.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0
complainant is at liberty to file revision application against order of discharge passed by the trial court through her lawyer 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
1. Yes, your wife can challenge the order of the lower court discharging you from the case filed under the stated sections of IPC before the higher Court.

2. From your side, you also can file a lodge a police complaint or file a criminal case u/s211 of IPC against your wife for lodging false complaint against you.
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
280 Consultations
5.0 on 5.0
Revision is not maintainable as the discharge order of the court is deemed as an acquittal order and revision shall not be lie against that order.
 And appeal can not be filed against acquittal order without permission of govt. But if the matter was complaint case then appeal can be filed by complainant as per section 378 of Cr.P.C. read below,

378. Appeal in case of acquittal.
(1) Save as otherwise provided in sub- section (2) and subject to the provisions of sub- sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court 2 or an order of acquittal passed by the Court of Session in revision.]
(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946 ), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub- section (3), to the High Court from the order of acquittal.
(3) No appeal under sub- section (1) or sub- section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub- section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If in any case, the application under sub- section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub- section (1) or under sub- section (2).


Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3722 Answers
140 Consultations
4.9 on 5.0
She being the defacto complainant and aggrieved by the decision of the trial court, she is entitled to prefer an appeal against this judgment. 
In this case only private lawyer can appear from her side and not the government lawyer.
T Kalaiselvan
Advocate, Vellore
16500 Answers
153 Consultations
5.0 on 5.0

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