Appeal from revision petition
V.N.K. MENON
(Querist) 09 January 2014
This query is : Resolved
Dear Experts,
[ This is being sent as I feel the last message on the subject has not reached the forum for some technical reasons.]
Quoted below is order which is self-explanatory. In view of Sub-Sec. 3 of Sec 397, is there any possibility of salvaging the case. Can I file APPEAL under new Sec 372 CrPC as victim - can it stand? The appeal was first made for leave to file appeal but the dealing assistants in the court advised to file it u/s 482 CrPC.
Experts, please send your valued guidance/ opinion to enable me to proceed in the next hearing ON 18th March 2014 so that it may not get dismissed.
Thanks and regards,
QUERIST
==== QUOTE====
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
O R D E R
20.12.2013
Crl. M.A.19325/2013 (was filed for exemption from filing certified copies and other documents)
Allowed subject to just exceptions.
Crl. M.C.5354/2013
The petitioner has challenged the order dated 7th October, 2013 passed by the learned Sessions Court in exercise of the revisional jurisdiction.
Although the power under Section 482 Cr.P.C. is very wide but this Court is of the prima facie view that invoking Section 482 Cr.P.C. would amount to a second revision which is specifically barred by Section 397(3) Cr.P.C.
Petitioner present in person seeks time to respond to this.
List on 18th March, 2014.
Dasti to the petitioner.
J.R. MIDHA, J
DECEMBER 20, 2013/dk
$ 9
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Cr.P.C. QUOTED BELOW for ready ref.
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397. 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 for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.
(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an 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 other of them.
Comments
(i) When any revision in High Court is dismissed on the ground of limitation High Court can exercise power of revision suo moto under section 397; Municipal Corporation of Delhi v. Girdhari Lal Sapru, AIR 1981 SC 1169: (1981) Cr LJ 632: (1981) 2 SCC 758: (1981) SCC (Cr)
598.
(ii) Where both Sessions Judge and High Court having concurrent powers, second revision would not be competent under section 397 (3); Asghar Khan v. State of Uttar Pradesh, AIR 1981
SC 1697: (1981) Cr LR SC 481.
R.K Nanda
(Expert) 09 January 2014
consult local lawyer with case papers.
Devajyoti Barman
(Expert) 09 January 2014
The order is bad in law. Application u/s 482 is widely filed and entertained by court which is nothing but a second revisional application.
