Criminal Revision before High Court under Sections 397 and 401 of Cr. P.C.
IN THE HIGH COURT OF JUDICATURE AT ……………..
Criminal Revision No. ………………………. of …….
(Under Section 397 and 401 of Criminal Procedure Code)
District……………
Sri……………………… …Petitioner
Versus
Sri……………………… …Respondents
Revision against the order dated ……..20……… passed by the Special Judge (E. C. Act) ………………in Criminal Revision No. ………… of 20….. ………………….v. ……………………………… and others.
The Relief sought for by this Revision is that the Hon'ble Court may be pleased to allow the Revision on quash the order dated …………….. passed by the Special Judge (E.C. Act) ……………….. in Criminal Revision No. ………. of 20…….. with costs throughout and to pass such other and further orders as it deems fit in the circumstances of the case.
The present Revision is being filed inter alia on the following
GROUNDS
1. Because while discharging the accused under Section 245 (2), Cr.P.C. it was not mandatory for the trial Court to records evidence under Section 244 Cr.P.C. The view taken by the Court below to the contrary is erroneous in law.
2. Because the alleged offence being non-cognizable and compoundable, the trial Court could legally discharge the accused under Section 249, Cr.P.C. on complainants failure to attend the court.
3. Because the present complaint was the second complaint and the complainant was deliberately keeping herself absent from the Court on the dates fixed, showing the non-seriousness of the respondent to pursue the matter.
4. Because the order of the court below is otherwise erroneous on facts and in law.
Dated…………….
Advocate for the Revisionist