Criminal revision or appeal

i advice to go for appeal in high court under 401 of crpc 

Dear Mr. Raghavan:

Thanks for your reply  But, please note that there is no appeal under 401 Cr PC.  That is the provision for Criminal Revision.

Regards

Vishwa 

Revision petition before High court under 397 read with 401 Crpc.

372 Crpc. provision only for if trial court acquitted the accused, the remedy for complainant directly to file before high court.

Your case trial court already conficted, Appellate court only acquitted. So your remedy before high court through revision

under Sec. 397 and readwith 401 Cr.P.C.

regards

Mr. Murthy is rightly advise

If prima-facie it appears that the order of the first appellate court is erroneous,and that caused miscarriage of justice then you can file a revision petition against that order before the High Court U/s 401 Cr. P.C., EVEN IF IT APPEARS THAT AN APPEAL LIES AGAINST THAT ORDER. Because sub section 5 of sec.401  clearly states " Where under this code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a  petition of appeal and deal with same accordingly. "

TO, MR. ZEESHAN,

At the out set I am dealing with the comment of Mr. Thomas Jefferson, 3rd. President of the U.S. he said ' if a law is unjust, a man is not only right to disobey it, he is obligated to do so.' In this context I FULLY AGREE WITH THIS COMMENT IN AS MUCH AS in a Democratic country  law creates by the Parliament(which is a platform of the representative of the people) any enactment is made by the Parliament which the citizens have to obey and any violation thereof is punishable by law.  But the subject matter of the query under reply is not the violation of LAW. but erroneous order of a criminal court that caused miscarriage of Justice. My dear friend, Law and Order are altogether two different and significant  words denoting two different meaning.  Now I AM DEALING WITH YOUR QUERY "can an interim order by Family Court is applied for revision in HC U/S 401 Cr. P.C. if there are factual errors in the order? " Now let us have a look to the object of Sec.401 Cr. P.C. AND ITS APPLICABILITY- 

Sec. 401 Cr. P.C - relates to criminal cases only .  T he object behind Sec.401 is to empower the High Court to exercise the powers of an appellate court to prevent failure of JUSTICE in cases where the code does not provide for Appeal. The power however is to be exercised only in exceptional cases where there has been miscarriage of justice owing to-( 1 ) a defect in the procedure, or (  2 ) a manifest error on a point of law, (3 ) excess of jurisdiction,`( 4) abuse of power,( 5 ) where the decision upon which the trial court relied has since been reversed or overruled when the revision petition was being heard.

I dislike any speculation. Secondly I  GIVE SPECIFIC REPLY ONLY AFTER GOING THROUGH ALL PAPERS , DOCUMENTS AND ORDERS IN CONNECTION WITH ANY MATTER TO FORM MY OPINION ON USUAL PROFESSIONAL TERMS. 

Family Court Act is a procedural law and in this law there is a provision to challenge the interim order, which is not interlocutary order before the division bench of High Court under the provisions of Family Court Act and not under Cr.P.C.   The impugned order appears to be not interlocutary order and hence appealable before the division bench of High Court.