State is formal , proper and necessary party
2) accused can challenge amendment order in HC
Revision
Case us 498a was filed by my wife against whole family...we all were discharged....she filed revision in session court...in revision applction name and gender of one of accused was wrong .aftr over one year amendment applction was made to correct the name which was amended later by session court in summons....state had not been made party in revision neither as petitioner nor as respondent.... 1. Does the case is maintainable without state being a party? 2.can the accused whose name was wrong in original revision petition chllnge amendment order in high court tht the time limit has expired for chllnge of dischrge decision against him?? 3.can session court review evidences all again??
Asked 6 years ago in Family Law
Religion: Sikh
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7 Answers
1. The defacto complainant is aggrieved over the decision of the court which has discharged the accused hence it is not necessary that the state has to be impleaded as a party in the revision petition since no relief is sought against the state in this.
2. Name correction in the revision petition was allowed since it was a mistake, but that will not alter the nature of the case or grounds for revision hence even if you are desirous of preferring an appeal on this ground, you may not be successful since your grounds are not very strong neither there is any merit in it to object the revision petition.
3. The sessions court will analyse the grounds for revision and if need be and if there were some evidences which were not considered by the trial court, the appellate court may look into it.
State is a necessary party and revision is non maintainable due to non joinder of necessary party.
The gender issue can be challenged in High Court but chance of success is meagre as it would be considered as a typographical error and thus, your plea would be rejected.
yes case is maintainable even if state is not party.no there ll not be any benefit to accused whose wrong name was earlier written.yes sessions court can set aside order but most probably sessions court even if ll allow revision that ll against husband only if magistrate has given sufficient reason for discharge
1. State is a mandatory party.
2. Any party who is aggrieved by the order of the revision court can take up the matter in the high court.
3. Session court has the power to review the evidences all again.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Yes state is made a party but it's a formal party. On this ground the revision will not be dismissed. You can raise the limitation issue bur the same can be condoned by court if it feels satisfied. Yes court will only review the evidences but will not entertain new evidence in revision.
Dear Client,
State is essential party, Criminal case is not a private dispute but state trail,
If it is apparent from record that wrong introduction of person given is same whose name corrected than No relief from high court.
Court will revise order not evidence.
