Can private party file revision against acquitall
RAJESH AGRAWAL
(Querist) 02 September 2011
This query is : Resolved
sir mai ye janana chahta hu Ram ne collector ko jamin ke record me hera pheri ki shikayat ki jiske aadhar par janch ki gayee aur janch report ke aadhar per dupty collector ne FIR darj ki.trial me acquitall hua.kya Ram acquitall ke against me u/s 401 cr p c ke tahat revision file kar sakta hai? uski locus standi hai kya?
prabhakar singh
(Expert) 02 September 2011
YES is the answer!
"or which otherwise comes to its knowledge, "are the words governing the locus.
401. High Court's powers of revision.
(1) In the case of any proceeding the record of which has been called for by it self or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way if revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
RAJESH AGRAWAL
(Querist) 02 September 2011
thanks sir,i want latest judgement of supreme court according this case
prabhakar singh
(Expert) 02 September 2011
visit SC official web site ,learn to tailor,looking for ready made all the way may not help you.
Advocate. Arunagiri
(Expert) 02 September 2011
See S.378 and 386 of Cr.p.c.which deals with appeal against acquittal.
You have to file a Special Leave petition u/s 378(4) as M.P. Only if the SLP is allowed the appeal will be taken on file.
S.386 deals with the powers of the HC while dealing the appeal.
Shastri J.K.
(Expert) 02 September 2011
I agree with mr.Arunagiri
bhupendra
(Expert) 06 September 2011
the principle of locus-standi is not applicable to criminal case
for case law cont me !
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