Appeal
AI Assist
Summary
If a subordinate court refuses to make, or makes, a court-initiated criminal complaint in place of an FIR, the affected person can appeal to the superior court. After giving notice to the parties, the superior court may order withdrawal of the complaint or direct that the complaint be made, and if it makes the complaint the same procedural rules apply. Such orders are final and not open to revision.
Example
Ravi asks the local magistrate to make a court complaint against a neighbour for damaging his shop, but the magistrate refuses. Ravi appeals to the superior court. After hearing both sides, the superior court directs the magistrate to make the complaint; that direction is final and cannot be revised.
Bare Act
Enacted text(1) Any person on whose application any Court other than a High Court has refused to make a complaint under Sub-Section (1) or Sub-Section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of Sub-Section (4) of section 95, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former Court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.
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