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Raju (Senior Executive)     09 September 2013

Revision petition

I have filed a single revision petition under S.397 crpc against two orders by the same trial magistrate in my case. The case is at defense witness stage. Now the other party is objecting that single revision is not maintainable against two orders. Pl help how to counter this.


 17 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     09 September 2013


Sorry to inform you that the opposite party is right in this scenario.You cannot prefer a revision against two orders simultaneously even if they both were passed on the same day.If they are separate orders, there must lie two different appelate approaches. Also from the nature of the question it seems that you are aggrieved by an interlocutory order against which no revision lies. You might want to check on that as well

Advocate Augustine Chatterjee


Raju (Senior Executive)     10 September 2013

Thank you, sir. In S.397 CrPC there is no such bar, then how come this condition. Pl help me understand. The judge said she may pass the adverse order based on objection of other party, she has given me one date to bring on record something that single revision is permitted for multiple orders. My argument was opposite that there is no such bar in CrPC.

MARU ADVOCATE (simple solutions for criminal legal problems --     10 September 2013

The law says order and not orders so the opponent may be right.


However you have many options even if the revision is dismissed.


Go again to lower court draft the application which was rejected in new manner and file revision.


There are still other options but above is simple.

Nadeem Qureshi (Advocate/     10 September 2013


R Trivedi (     11 September 2013

True, If the two orders are from the same case file by the same trial court, then there is no apparent bar in making a single revision petition. But, in general separate revision is filed for two orders.


Under S.397 revision judge has suo moto power to see for any irregularity in any order, so once a party has brought something to the notice of the revision court, then it is duty bound to look into the file. Unrecorded procedure cannot stall this right of the court and cannot permit court to have a blind eye. Press for your petition, chances are you will succeed, if you feel she is going to reject it, then pray for withdrawal with a liberty to file again after compliance. This is much better than contesting the dismissal with HC.

Yadanand Legal help (maintenance divorce remarriage =     11 September 2013

You are surfacing like BABAS and TANTRICS on this side just to abuse court without any personal knowledge of having handled any court case.


It is also cruelty for the person who has posted the query since he is facing criminal trial .

R Trivedi (     11 September 2013


Mr. Raju,


Do not bother about people like Yadanand etc... they are suffering from deep complex...they are four five on this site and few of them have understood the importance of knowledge, this kid is in growing phase and will soon learn that he needs to learn rather than making such juvenile comments...the day his palm stops burning, he will grow up.....till then Instead of giving solution or ideas, this kid will continue to blabber on the site....

coming to point and ignoring such silly distractions, please note that once you have moved the revision petition, you must put in efforts to get the same decided on merit rather than this technicality, below references will help you.

Allahabad  High Court ruled as under....Arif Akhtar 1985


112. No doubt, the petitioner challenged the legality of two different orders of different dates by means of

single revision. Section 64A gives a discretion to the Tribunal to call for the record of a case in which an order

has been passed and pass such order as it thinks fit. This can be done either at the instance of a party who has

a legal grievance or by the Tribunal suo motu. Once the machinery as envisaged in Section 64A has been set

into motion at the instance of a party, it becomes the duty of the Tribunal to look into the matter. The record

of the case was before the Tribunal and in that record there were two orders. It was in the discretion of the

Tribunal, keeping in view the interest of justice, to interfere with either both the orders or with one of the

orders or with none of them. It was equally open to it to have given to the petitioner an option to press for the

setting aside of either of the two orders. It, in my opinion, committed a patent error in rejecting the revision

outright on the mere ground that two orders had been impugned in it.


And Kolkata High Court ruled as under.... Baldal Gomes 1996



4. Under the Criminal Rules and Orders there is no bar to move a revisional application challenging orders

more than one but that must be of the same Court.


Revision court will think twice before dismissing your revision in limine, once you bring above to notice...

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 September 2013

Mr Trivedi

Thanks.The above judgements are useful 

Yadanand Legal help (maintenance divorce remarriage =     13 September 2013

You need not be happy MR CHATTERJI.


People dish out advice on bookish knowledge which do not work in courts.


Let the party who has posted the query should say whether such advice has benefited him.

R Trivedi (     13 September 2013

I do not know if my post helps him or not, but certainly your post is of no use..

Knowledge is not acquired by writing such stupid things, you will never  know in your life time 

(unless you change your attitude)  "what it means to be a well read person". 

Yadanand Legal help (maintenance divorce remarriage =     13 September 2013

Using filthy gutter language shows your mental status.

R Trivedi (     13 September 2013

I request the "admin" of LCI to immediately block the ID of this character Yadanand. 

Raju (Senior Executive)     14 September 2013

Trivedi Sir, I told to my lawyer this and he said it looks good and he will find the full order, i request you pl give the full order name so that it is easy, next date is 17.09.


Yadanandji, You are right as an accused, I need some suggestion and it is cruelty if no proper suggestion is given. I am sorry you are just finding fault and not giving your views. To me Trivedi Sir, suggestion look good and with the blessing of god it may help. All other like Maru Sir, Mr Chatterji  etc said no with respect to them, but he gave some useful idea. You insteed of fighting should give your views.

Yadanand Legal help (maintenance divorce remarriage =     14 September 2013

1) People in deep frustration and inferiority  complex give  advice for which they have  no personal experience.


2) Then to further show off use dust bin comments.


You are facing criminal action in court and people have cruel satisfaction in blaming courts and judges.



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