Who can file revision under 397 CrPC?
The bar u/s 397(2) CrPC against an interlocutory order does not operate when it affects adversely a person who is not a party to the proceedings. There is no doubt that in respect of a final order, a court can exercise its revisional jurisdiction i.e. in respect of a final order of acquittal or conviction.
What is criminal revision in CrPC?
According to Section 397 of CrPC, revision petition can be filed to check the irregularity or correctness of any particular finding, order or sentence passed by any lower court, then the Court might call for such record or finding or the Court may direct the execution of any sentence or order to be suspended and if the …
What is difference between appeal and revision?
An appeal is whereby the case is heard again due to the dissatisfaction of a certain party while a revision is done by a high court to ensure that legal actions were followed in arriving at a decision. Only the high court can do a revision. Both appeal and revision can help in making corrections of a previous hearing.
What is appeal review revision under CrPC?
An appeal is made to the higher court on the points of the fact and laws. Reference is made to the higher court on the points of the law. Revision is made to both higher and lower court on the already adjudicated matters. The Appeal begins on the determination of the case.
What happens in revision petition?
A Revision Petition is an application made to a High Court to correct the mistakes made by the Courts subordinate to it. Thus, the HC revises the order made by the subordinate court if the court has made a jurisdictional error.
Who has the power of revision?
The State (Delhi Administration),[4] the Supreme Court held that, the Court has suo moto power of revision, if that be so, the question of the same being invoked at the instance of an outsider would not make any difference because ultimately it is the power of revision which is already vested with the High Court …
Who has the power of revision in CrPC?
Section 398 CrPC – Power to Order Inquiry The Revisional Court (Court of Session, High Court) shall order Chief Judicial Magistrate to inquire himself or through subordinate to make a further inquiry regarding: (a) dismissal of a complaint under section 203, 204(4) of the Criminal Procedure Code.
Under what circumstances can a revision lie against an appeal?
The revision can only be filed once the appeal is dismissed. The word “appeal” includes both the first appeal and second appeal. Therefore, the revision can only lie when the appeal is dismissed or does not lie.
Can revision be filed after appeal?
Appeal is generally a legal right of a party, but revision depends on the discretion of the Court, due to which it cannot be claimed as a matter of right. Appeal is required to be filed by a party to the proceedings, but revision can also be exercised suo motu by the higher court having the power of revision.
Who can apply for revision?
Article 226 in the Constitution of India, 1949 mentions the writ jurisdiction of the High Court. A revision application can be filed by the aggrieved party. A writ petition can be filed by any party completely unrelated to the issues. A party can invoke revisional jurisdiction after filing a writ in the High Court.
When can revision be filed?
According to article 131 of Limitation Act, revision petition against a decree or order passed by subordinate court can be filed in High Court within 90 days from such decree or order.
Can revision be converted to appeal?
(ii) Revision can be converted into appeal if same is filed within time and there is no impediment of limitation. Limitation must be construed from the date of filing of the revision petition or appeal.
What is Section 397 CrPC?
Section 397 CrPC gives the High Courts or the Sessions Courts jurisdiction to consider the correctness, legality or propriety of any finding inter se an order and as to the regularity of the proceedings of any inferior court.
What is Section 397 of the Code of Criminal Procedure 1973?
Section 397 in The Code Of Criminal Procedure, 1973 397. Calling for records to exercise powers of revision.
What is Central Government Act Section 397?
Central Government Act Section 397 in The Code Of Criminal Procedure, 1973 397. Calling for records to exercise powers of revision.
What are the powers of revision under Section 397?
Section 397 Crpc states “ The powers of revision conferred by subsection (1) shall not be exercised concerning any interlocutory order passed in any appeal, inquiry, trial or other proceedings.