• Revision

My mothr was discharged frm 498a case ...in judgemnt her name was raj kaur wife of sant singh...but in revision filed by wife in session court she mentioned name as raj singh son of sant singh....summons were issued but not recieved fr 1.5yrs...nw wife filed applction in session and got name corrected....can my mothr chllnge it in high court ??can we chllnge tht time period of revision againsft mothrr has elapsed as she is not respondent???? They have not made state a party as repondent nor as petitioner in revision...is it possble?
Asked 5 years ago in Criminal Law
Religion: Sikh

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19 Answers

HI,it is advisable to file a appeal regarding the session court summoning order in high court

Hemant Chaudhary
Advocate, Gurgaon
4625 Answers
67 Consultations

4.9 on 5.0

State is the necessary party to the case if not made case has defect is liable to be rejected. And about the name that is not intentional so it will be corrected

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

The delay of revision can be condoned on the application of the petitioner by an affidavit for the condone of delay and should be allowed by the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1)it is better you concentrate fighting case on merits

2) state should be made a party in revision case

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Wait for summons to be issued. If it is to your mother, then it has to bear the correct name and address. The complainant can make amendments to the petition by citing the judgment. Therefore, these fall under clerical errors. Once summon has been issued, file a S.482 petition before HC to get the matter quashed.

State of Haryana V. Bajan lal 1990:

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Based on the above ground, a petition under S.482 can be filed.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. it is a correction of name which occured due to inadvertent typing error.

2.SO there was no change that it would be set aside y high court if you challenge such order.

3. SO do not waste time challenging such order of name correction and get prepared for defending yourselves in Revision case.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

Since the revision petitioner has approached the revision court on time except that there was an error in the name, it cannot be said that it is barred by limitation.

The revision petition is very much val,id and on time and any case challenging this point shall not be maintainable.

It is not necessary to make the state as a respondent party because the grievance is against the exclusion of your mother as a party to the main petition.

In fact the state is the petitioner in the original and main petition.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

No, It was clerical error, can be rectify as come in notice. revision was file on time. challenge the revision .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Time period for filing revision petition has not elapsed. It was filed with incorrect name which has been corrected now.

2. There is no point approaching the High court on this point only.

3. In the revision petition, the State is required to be mentioned as one of the Responding parties.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

In your reply take the plea that state is not made party to the case

That mother was discharged as there is no evidence on record against mother

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

1. The case was between the State and you & your family members and not between the complainant and you/family.

2. The Revision Petition should have the State as the responding party.

3. Do not point out their mistake now to enable them to rectify the defect.

4. Wait till the matter appears before the Court when it will be dismissed by the Court.

5. However, after elapse of so much time, the revision petition against the oder for granting bail to your mother against 498A case will become infructuous/meaning less.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. What order has been passed by the sessions court against your mother in revision yet? If the sessions court has only ordered the correction of name then that order is not open to challenge in the High Court as it does not have any bearing on the rights of your mother.

2. Irrespective of whether the state has made a party or not unless the Sessions Court passes an order which has a bearing on the rights of your mother it cannot be challenged in the HC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

State should have been the revision petition in this case whereas the defacto complainant has preferred the revision in the place of state.

Therefore the state cannot get into th4e revision at this stage.

If you want the revision to be dismissed you may have to challenge the grounds which she relies upon on merits and get the case dismissed.

Consult your lawyer and follow up the case in whichever court the revision is filed.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

State can always be impleaded and that will not be the sole ground to get the case dismissed. Technicalities will never stand in the way of rendering justice.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You can challenge the same but it is not good ground to dismiss the proceedings but still you can try your luck.

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

in the criminal case state is always a party. else it will be a civil case. challenge it. it is not a minor error.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

Simply reply with the statement that your mother was DISCHARGED from the case and the application in proper format(corrected name) is not maintainable as the time for revision is over.

Making State a party or not making will not much effect the decision.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

State is a mandatory party in criminal cases

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Misjoinder of parties ke basis pe dismiss karwa dijiye, but I would advise you to get the same dismissed on merits otherwise she can file revision after making the necessary corrections and if the same is once dismissed on merits then she will have reduced options.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

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