Revision into appeal

Querist : Anonymous (Querist) 14 January 2024 This query is : Resolved
Respected experts, I am a newly enrolled lawyer practicing self, I want to know that "can revision be converted into an appeal". Please do help me with any judgment.

Follow Query

Report Abuse

Quick Summary

This discussion explores whether a revision application can be converted into an appeal, particularly for newly enrolled lawyers. The content highlights that while revision has a limited scope focusing on jurisdictional errors, appeals allow for challenges on both factual and legal grounds. It references a Supreme Court case where revision applications were treated as appeals under Section 372 Cr.P.C., with the High Court directed to decide them on merit, suggesting that a court can indeed convert a revision into an appeal.

T. Kalaiselvan, Advocate (Expert) 14 January 2024
Revision is exercised against those orders which are not appealable.
P.C. or the matter may be remanded to the High Court to convert the revision applications into appeals and to treat them as appeals under Section 372 Cr.p.c.
It was argued in a case before supreme court thus:
It is further submitted that even otherwise the victims in the present
case were having a right of appeal to the High Court against the order of
acquittal as provided under Section 372 Cr.P.C. It is therefore submitted
that even otherwise the victims could have preferred the appeal before
the High Court against the order of acquittal. It is submitted that merely
because mistakenly and/or inadvertently the victims preferred revision
applications, their right to appeal conferred under Section 372 Cr.P.C.
could not have been taken away. Therefore, it is submitted that either
the revision applications preferred by the victims may be treated as
petitions of appeals in exercise of powers under sub-section (5) of
Section 401 Cr.P.C. or the matter may be remanded to the High Court to
convert the revision applications into appeals and to treat them as
appeals under Section 372 Cr.P.C.
Thereafter it was held thus:
The matters are remitted to the High Court. The High
Court is directed to treat the revision applications as appeals under
Section 372 Cr.P.C. and thereafter to decide and dispose of the same in
accordance with law on their own merits.

Advocate Bhartesh goyal (Expert) 15 January 2024
Scope of revision is limited and only jurisictional error can be challenged whereas in appeal grounds of both facts and law can be raised, anyway you can request court to covert revision into appeal.

P. Venu (Expert) 17 January 2024
What are the facts? What is the context?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries