viren256 (student) 24 October 2009

Revision petition

This is a general question

I am a student and would be pleased if anyone would help me in telling me the difference between a revision petition and an appeal before the high court.

1.is a revision petition filed to go against the order of the judge of the said lower court such as a district court when it is filed in the high court ( as an example)

2.Under which rule and order does a revision petition fall under the CrPc

3.Suppose criminal proceedings are'nt carried out ( such as proper investigation and procedures ) properly can a revision petition be filed in the higher court if charges have been framed by the judge. ?

or an appeal be filed ?

thanks

Regards viren

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3 Replies

(Guest)

Revision petition shall lie under section 397 & 398 of Criminal procedure Code. Revision petition lies against order for which the statuate do not provide for an appeal. Can you clarify query no. 3? Revision petiton can be filed against the charges framed by the Court.

viren256 (student) 26 October 2009

Thanks for the reply.Much appreciated

as to question number 3

its just a hypothetical example

suppose say charges are framed under a particular section( eg say section 20). and the right procedure has not been carried out for the charges to be framed.Would this amount to a revision petition being filed ?

and question number 2>

i would like to know the order and rule for a revision petition

(like order 7 rule 1 for a plaint in a civil case and order 8 rule 1 for a written statement )...what is the order and rule for a revision petition under the Crpc.

or does this apply only uner the cpc.

thanks Viren

(Guest)

Viren - Please note appeals and Revision under the Criminal procedure code are review procedure. In other words the decisions of the lower court are scrutinised and corrected by the Superior courts in criminal matters. The lower criminal court which has passed the order can review its order under s.362 only to correct clerical or arithmetical orders.

In contrast in Civil Procedure code - the courts which passed the order or decree has to a large extent wider powers to review its own order. Refer S.114 of Civil Procedure code which is not the case u/s 362 of Criminal procedure code.

In CPC Order XLVII Rule 1 to 9 apply for Review. As per S.115 of CPC Revision shall lie only to HIGH Court. Orders and Rules are part of civil procedure code and not criminal procedure code. In criminal procedure you will have to refer to sections of criminal procedure code. You are right orders and rule apply only to CPC.