Revision/Review Petition in High Court
Md Abdul Kadher
(Querist) 24 November 2010
This query is : Resolved
What is miscarriage of justice? In one criminal case acquittal was ordered by the District Court in which one is the petitioner and the others are the state police personals. There was no procedural illegality or manifest error of law in the orders of the trial court.Whether the de facio complainant can file Revision/Review Petition in High Court against the acquitted persons and the state represented by police? On what grounds a Revision/Review Petition can be filed by a petitioner?
Ajay Bansal
(Expert) 24 November 2010
YES.AS PER SECTION 372 Cr.P.C THE DE FACIO COMPLAINANT EVEN CAN FILE AN APPEAL IN HIGH COURT.AS FAR GROUNDS OF APPEAL ARE CONCERNED,THEN PLEASE SHOW FULL EVIDENCE AND JUDGEMENT.
Devajyoti Barman
(Expert) 24 November 2010
Yes, wthout seeing the judgement and the evidences how one could give you such grounds.
R.Ramachandran
(Expert) 25 November 2010
Why talk about acquittal, even in cases where the punishment has been given, the aggrieved party has every right to file review / revision / appeal.
Example: Former DGP Haryana Mr. Rathore's case where his six months sentence was appealed against. What ground would be taken in making appeal no one can guess - it will depend upon the facts and circumstances and judgment in the case.
Guest
(Expert) 25 November 2010
i agree with experts.... I would like to add legal position....
(b) Code of Criminal Procedure 1973 – Sections 378, Sub-sections (4) of section 378 CrPC, which providesfor appeal in case of acquittal, as it stands today, read thus:“(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants specialleave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
” All appeals against orders of acquittal passed by Magistrates were being filed in High Court prior to amendment of section 378 by Act 25 of 2005. Now, with effect from 23.06.2006, appeals against orders of acquittal passed by Magistrates in respect of cognizable and non-bailable offences in cases filed on police report are beingfiled in the Sessions Court, vide clause (a) of sub-section (1) of the
said section. But, appeal against order of acquittal passed in any case instituted upon complaint continues to be filed in the HighCourt, if special leave is granted by it on an application made to it bythe complainant, vide sub-section (4) of the said section.
Advocate. Arunagiri
(Expert) 25 November 2010
The grounds for appeal depends upon the individual case. You can file appeal against acquittal before the HC.
