Criminal revision
Sumitro Barthakur
(Querist) 20 November 2012
This query is : Resolved
In a complaint case trial court after hearing aquited the accused the informant filed a revision petition before the Sessions court.Whether revision is maintainable against the said judgement.
Devajyoti Barman
(Expert) 20 November 2012
Yes, it is allowed. But in revision the higher court can not turn acquittal into conviction though it may remand the case to try some other aspect.
Ravikant Soni
(Expert) 20 November 2012
Rather he should file appeal than revision.
Raj Kumar Makkad
(Expert) 21 November 2012
Section 397 of the Code of Criminal Procedure provides the power of revision of the Revisional Court. Section 397 of the Cr.P.C. reads as under: Calling for records to exercise powers of revision-(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling Section 397 of the Code of Criminal Procedure provides the power of revision of the Revisional Court. Section 397 of the Cr.P.C. reads as under: Calling for records to exercise powers of revision-(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling
application under this Section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the otherof them. 10. From bare perusal of the aforesaid provision, it manifest that the power of revision conferred by this Section shall not be exercised to relation to any interlocutory order passed in any appeal, inquiry, trial or other procedure. In other words revision does not lay under the code of Criminal Procedure against the interlocutory order passed in any appeal by the appellate authority.
So revision is not maintainable in the given case.
