• Cr revision appeal sets aside MM order - what now?

Sir,

A complaint case filed with MM under section 200 read with section 156(3) Cr PC for directing police to register FIR against us citing SC ST ACt.

Even though police files inquiry report that charges are baseless, MM court orders police for FIR registeration.

We file Cr revision appeal in sessions court. Police submits detailed investigation/inquiry report and ld session court sets aside MM order. The TCR is sent back to trial court.

The MM court listed the case where complainant's advocate was present. NDOH is given.

QUESTION:

1.When Sessions court has set aside MM order, what the other party is trying to persue now in MM court?What options it must be trying?
2.What is role of MM court now?
3.What are the possible outcomes?
4.Any action which is advised to be taken by us?
5. Any cause to worry about?
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

Dear Querist my opinion on your queries are as under:-

1. When Sessions court has set aside MM order, what the other party is trying to persue now in MM court?What options it must be trying?

Opinion:- when the session court set aside the order of MM it means the court re hearing or court passed the order to registered FIR?

2.What is role of MM court now?

Opinion:- its depend on the order of the session court.

3.What are the possible outcomes?

Opinion:- FIR will be registered.

4.Any action which is advised to be taken by us?

Opinion:- who are you? If accused then after FIR apply for anticipatory bail and fight the case on merit.

5. Any cause to worry about?

Opinion:- call for consultation.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

it is necessary to peruse order passed by sessions court to advice

2)other party may appeal against order of sessions court before the HC

3)since police have held that charges are baseless then in such case closure report can be accepted By MM

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

There is no role of MM court now if the order has been set aside in the appeal.

Might be the other party is procuring the copy of documents so that they can challenge the order of the revisional court.

As of now you do not have to worry about anything, you may please ask your lawyer to keep a check with the staff of the MM court as to why the lawyer of the opposite party went to the MM Court.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. It seems that only that order whereby and whereunder the registration of FIR has been ordered has been set aside by the sessions court, the proceedings launched before the MM are still in existence. If that be so, the MM is free to proceed under Section 202 CrPC.

2. Consult a lawyer with a copy of the Sessions Court order.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. Now the complainant can pursue the case t be registered as complaint u/s 2(d) r/w section 200of crpc,

2.The MM court now consider such case afresh and may allow to registration of case u/s 200 crpc.

3. The outcomes are too early to predict.

4. Not immediately.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

1. If the orders by the sessions court states that the case may be registered after proper re-investigation, then the MM court may pass an order to that effect, of if the sessions court sets aside the lower curt order, then the complaint stands disposed.

The copy of the order is to be seen for further proper opinion on this.

2. See the above reply.

3. If the case stands disposed, then there is no complaint pending.

4. & 5: Without furnishing the details of the orders passed by sessions court in this regard, all the questions raised here are of vague nature.

You may revert with the details of the requested relief, orders by MM and the orders passed by sessions court against the revision petition filed by the respondent, if you are really interested to get proper opinion and suggestions to move ahead..

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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