Legal Question in Criminal Law in India

Can session court acts as a trial court.

There is a criminal case going in a JMFC. We have applied for further investigation in the case. however during the proceedings session court as asking whether it is really a competent court for this issue? So my question is whether session court has an authority to direct for the further investigation ?


Asked on 2/26/09, 7:22 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Can session court acts as a trial court.

If case is before sessions court, then yes. Also, in a revision against order of magistrate, sessions court can order.

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Answered on 2/27/09, 12:15 am
Pranav Desai PD Legal & Associates

Re: Can session court acts as a trial court.

Yes, session can order further investigation.

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Answered on 2/27/09, 1:01 pm
Seema Bhartiya

Re: Can session court acts as a trial court.

Thanks for referring an important question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

Further investigation can be done even after filing . It is always possible. Additional police report can be filed ateven during trial , there is no bar for it .

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

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Answered on 2/26/09, 10:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Can session court acts as a trial court.

Your statement is confusing and contradictory. When proceedings are pending before the court Magistrate, how come the Sessions Court come into picture ? The powers of courts depend upon the situation - e.g. the courts of original, appellate and revisional jurisdictions have different powers within their sphere.

You may write your statement again with clear facts.

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Answered on 2/26/09, 5:24 pm


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