Legal Question in Family Law in India
I have a case under the ( Special Criminal Application ) category @ the Gujarat High Court
Final Judgement was not in my favour and I was told that there is no scope of filing a review petition under this category
and the only option i have is to move to supreme court.
Need to know if this is true.
1 Answer from Attorneys
Sir
Against dismissal of Special Criminal Application by the High Court, the only remedy available to you is to file SLP in the Supreme Court. Review is not maintainable in Criminal Cases.
However, under inherent power of high court, one can move an application for Recall of the order, in the event such order was passed upon wrong statement made by the counsel, or upon certain inherent defect in the judgment of the high court. Recall on merits is not permissible.
Need to review the judgment before giving any final opinion in the matter
I practice in Gujarat High Court and also appear in Supreme Court of India. Should you need any assistance then feel free to contact.
VIvek N Mapara
www.vnmlaws.com