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Madhu Mittal (Director)     03 July 2026

In high court which sections for combined revision against combined order of adj in which two appeal

Trial Court order dated 26-02-2024 (https://jaipurmetro1.dcourts.gov.in/wp-admin/admin-ajax.php?es_ajax_request=1&action=get_order_pdf&input_strings=eyJjaW5vIjoiUkpKTTAyMDE3MjMxMjAxOCIsIm9yZGVyX25vIjoxLCJvcmRlcl9kYXRlIjoiMjAyNC0wMi0yNiJ9), ADj combined order dated 03.07.2024 (https://jaipurmetro1.dcourts.gov.in/wp-admin/admin-ajax.php?es_ajax_request=1&action=get_order_pdf&input_strings=eyJjaW5vIjoiUkpKTTAxMDA0MjA0MjAyNCIsIm9yZGVyX25vIjoxLCJvcmRlcl9kYXRlIjoiMjAyNC0wNy0wMyJ9)  in which appeal u/s 374 of accused and appeal u/s 372 of complainant were decided, Afterwards Complainant filed  one combined revision Petition on 04.10.2024 in High Court - Petition u/s 11(4) of Probation of Offenders ACt   against Probation given by ADJ sir in appeal filed by accused  u/s  374 crpc as well as  Under Section 438 and 442 BNSS (s 397 and 401 Cr.P.C. ) read with section 531 BNSS (s 483 Crpc) for dismissal of complainant appeal u/s 372 crpc by ADJ which is for enhancement of compensation. Now objection of High Court registry is Two different appeals are challanged which is not proper. 1. whether objection is correct or not correct 2. if correct, what is the remedy now

 

in addition to above, i have also requested for procedure https://www.lawyersclubindia.com/forum/acquittal-420-ipc-and-s-138-enhancement-of-sentence-for-imprisonment-monetary-239275.asp please guide, if possible, at least please confirm at that thread that Decision has been read.



Quick Summary
This discussion concerns the correct High Court sections for filing a combined revision petition against a single order from an Additional District Judge (ADJ) that decided two separate appeals: one by the accused under Section 374 of the CrPC and another by the complainant under Section 372 of the CrPC for enhancement of compensation. The High Court registry has raised an objection, stating that two distinct appeals cannot be challenged in a single revision. The query seeks clarification on whether this objection is valid and, if so, what the appropriate remedy is, potentially involving filing separate revision petitions or seeking permission to split the existing one.

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2026

Without knowing proper details or background any opinion rendered may be a misguidance.

Madhu Mittal (Director)     03 July 2026

I have given Trial Court order dated dated 26-02-2024 with its link where it can be opened,  ADJ court  combined order dated 03.07.2024 link is also provided. Fact about the petition in High court on 04-10-2024 and objection of High court, please guide after going through all of these.


Dr. J C Vashista (Advocate )     04 July 2026

Consult some other local prudent lawyer with relevant case file(s)/ document(s) for proper analyses  of facts / record, professional advise and necessary proceeding if you have lost faith in your lawyer.

Proper opinion can not be formed from the facts / link posted/pasted by you

T. Kalaiselvan, Advocate (Advocate)     04 July 2026

Well advised by respected senior Dr Vashishtha sir, you may follow it up.

Madhu Mittal (Director)     04 July 2026

Respected sirji @Dr. J C Vashista and T. Kalaiselvan, Advocate (Advocate) , Thanks for at least attending my query. Respected Sirs, I never lost my faith in my lawyer. But as all of us know that any thing remains unfavourable to client even after a lot of cautious approach, it is client which is suffered.   A case can be given to one lawyer sirji only, if y go to another lawyer sirji, he requires complete file. On this forum, there are a number of learned lawyers sirji available expert in every field of law, so I come here .  This forum gave me a number of times, very good opinion with citations, that helped in my cases.  Now I request all of the learned members of this forum to guide me properly, if they have knowledge on this point. I have given the thread where completely two decisions can be gone through. in my previously query also I was doubted about the case like that, I have put entire materials, still no perfect advice is given by learned members of this forum yet. I am hoping blessings of all of y. thanks with regards




P. Venu (Advocate)     06 July 2026

Even if a common Order, different proceedings needs to be filed in each case.

Madhu Mittal (Director)     06 July 2026

thanks very much for your guidance sirji, it means one revision u/s 11(4) for Probation Offenders Act where benefit is given by ADJ sir first time in appeal of Accused and IInd revison Under Section 438 and 442 BNSS (s 397 and 401 Cr.P.C. ) read with section 531 BNSS (s 483 Crpc) for dismissal of complainant appeal u/s 372 crpc by ADJ which is for enhancement of compensation.
 if ok, please say so.

in addition to above, i have also requested for procedure https://www.lawyersclubindia.com/forum/acquittal-420-ipc-and-s-138-enhancement-of-sentence-for-imprisonment-monetary-239275.asp please guide, if possible, at least please confirm at that thread that Decision has been read. What will be procedure as I could not write in that thread until someone other than me, write something there, I think this new rule has been made in this Club, so I am giving y trouble here.


 

 

john smith   07 July 2026

The registry’s objection is generally correct—even if there is a combined order, challenges arising from two separate appeals (u/s 374 and u/s 372 CrPC) are usually treated as distinct causes of action and should be filed through separate revision petitions.

The practical remedy is to file separate revisions for each issue (one for probation granted in the accused’s appeal and another for dismissal/enhancement in the complainant’s appeal), or seek permission from the High Court to split the existing petition accordingly. It’s advisable to follow the registry’s objection to avoid dismissal on technical grounds.

Madhu Mittal (Director)     07 July 2026

Thanks Sir John Smith sirji, Thanks with regards,  this is the benefit of this forum, that from so many learned members of this forum, few may have perfect guidance on a particular point of law.

I also once again request  all the learned members of this forum, please also guide if possible on the below thread if possible because it is also very mush important for me   https://www.lawyersclubindia.com/forum/details.asp?mod_id=239275&offset=1


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