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Bikash Das   04 March 2022

criminal revision

whether can a complainant file a revision against order of sessions judge


Learning

 3 Replies

Adv. Mohit Chahal (Advocate)     05 March 2022

Dear Querist

YES, Complainant can file a revision petition u/s 397 CrPC in the Hight Court against the order of Sessions Court.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


....

Palak batra   05 March 2022

Dear Querist,

 

The statutory revisional power does not speak of a revision being entertained by the High Court against a revisionary order passed by the Sessions Judge. What is subjected to revision, as per the clear and unambiguous language of the scheme, is only the order passed by the inferior Court, i.e., the Magistrate.

 

Sec. 399 Sub-section (3) of crpc states that where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court in the case of Gurbir Singh vs Maheshinder Singh Grewal, 2021.

 

Regards,

Palak

Bikash Das   06 March 2022

Thank you so much both of u.

But queries was something different.

Actually in a police case one order passed by magistrate in favor of state but accused filed a revision against that order before sessions judge and that revision was allowed by sessions judge.Now, whether defacto complainant of the state case can file revision before High Court against the order passed by the sessions judge or not.

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