Section 482: Can I file
Someone filed a false police complaint against us and in connivance with the police, he even get an FIR registered against us. We requested the SP to investigate our case. The SP marked the inquiry to DSP who investigated the case. After proper investigations of phone call details, witnesses and tower locations details, the DSP gave the report in our favour and hence the FIR got quashed.
The person again filed a criminal complaint against us and that has been accepted on the basis of misrepresented points by the appellant and summons were issued u/s 204 Crpc. Aggrieved with the decision of trial court, we filed a revision petition with the Sessions Court u/s 398 CRPC. The sessions court could not ascertain certain facts and it didn't take into account the harassment that we are going to incur, in case the trial proceeds.Even in the judgement order, facts pointed out in each paragraph are misrepresented and some are completely wrong. Unfortunately, I was absent on the day of arguments and even my lawyer didn't argue it better, as it could be seen in the order. Hence, the revision petition is not accepted on the basis of merits. The judge pointed out that all the proofs would be ascertained during trial and didn't acknowledge that we would be harassed during the trial.
Now, what are the options available to us?
Some one advised that we can file appeal in High court u/s 482.
What is the success rate of appeals u/s 482? Please give suitable past examples of SC or HC which can be used in this case?
If we file appeal in HC, will the trial in lower court continue or will it be stayed?
Please let me know if there are some other options available to us.
Further, can we take permission from lower court so as we are not asked to attend all the proceedings and so that our lawyer can represent us. Since I work out of town(700 km away) and I've to take flight and off from duty every time a date is fixed in court.