Affidavit of Service is in short called AOS. A Court requires to see proof of delivery of the Private Notice sent under its direction to the Accused or Respondent for his appearance on the hearing date. And, such Proof of Delivery of the Notice is enclosed with an Affidavit of the Complainant or his Counsel […]
Process is a procedure of either summoning the Accused / Witnesses to the Court or pleading the Court to issue a Warrant against the Accused and / or such similar things. A Process Application together with a postal stamp affixed envelope is filed in the Court praying for any said or determined purposes.
The Aggrieved over the Lower Court Order or Judgment can only approach Appellate Court under its Revisional powers in Section 397 of Cr.P.C. to set aside the Order / Judgment passed by it. Otherwise, Revision gives a chance to the aggrieved Complainant [filed under Section 200 Cr.P.C.] to open his case afresh for further[…..]
In Criminal Laws there is no provision for an aggrieved person to go for Appeal over any Order [other than Interlocutory Order] passed by the Magistrate or Sessions Court. He can only exercise Revision provision alone. Even certain Judgments [best example: Maintenance Petition under Section 125 Cr.P.C.] delivered by the Lower Court can only be[…..]
In Criminal Courts Practice, Revision Petition plays a major role. Except Interlocutory Order, the aggrieved person over any other Order / Judgment passed by the Magistrate Court, can challenge the same by way of instituting a Revision Petition in the higher forum – either the Sessions / District Court or High Court under their Revisional[…..]
No Magistrate can retract / alter / modify or add any contents to his own Orders / Judgments.
In Criminal Laws, any Order passed during pendency of the main Petition / Calendar Case which gives certain reliefs to the Petitioner or Accused is said to be an Interim Order. For an example, the interim maintenance order passed under Section 125 of Cr.P.C. or Section 23 of The Protection of Women from Domestic Violence[…..]
Any Order passed by the Magistrate or the Judge during pendency of the Calendar Case and that deserves no appeal or revision is called Interlocutory Order. For an example, any Order passed by the Court over rejecting a Petition under Section 317 of Cr.P.C. or 256 Cr.P.C. has no place for revision or appeal for[…..]
Any Petition filed during pendency of the Calendar Case and is disposed of by the Magistrate or Judge citing reasons for its dismissal or allowed is called Order. Whereas, the Judgment is the final outcome of the Calendar Case. Wherein, the Court explains the reasons for its conviction or acquittal of the Accused or explains[…..]
No. Neither the Police represented by the State nor the Defacto Complainant withdraw the Case once instituted in the Court after filing of Chargesheet and the Calendar Case was numbered. Only exceptions are those offences categorized under Section 320 Cr.P.C.