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Criminal Revision in Punjab and Haryana High Court At Chandigarh

Revision in High Court Chandigarh

 

Criminal Revision can be filed in Punjab and Haryana High Court At Chandigarh if it is maintainable and warranted in law. Remember,  u/s 403 Revision is not a right of party but Court's discretion to entertain it or not. Revision can be exercised suo moto also by the courts

Superior courts will entertain revision applications only on the following grounds:

1 Correctness of order , sentence and finding.
2 Legality of order,  sentence and finding. 
3 Propriety of findings recorded or passed.

Party has to choose either to file in Session or High Court.  Party cannot file in both.

U/s 397 records can be called, stay execution and order bail if accused is in jail. Records are examined to check regularity and Legality in proceedings and set right a patent defect or error of jurisdiction in law.

Bail can be granted under revision till the pending examination of record. 

Note :  Revision is not applicable in interlocutory orders. E.g orders u/s 311. Court refusing to call documents are interlocutory order. As such there is no fixed jacket formula for checking which orders are interlocutory or which are not. It will depend only on the given circumstances and facts.

Revision by private parties are entertained only if public justice requires interference of correction of manifest illegality and prevention of miscarriage of justice. Also where the evidence is not appreciated properly. 

U/s 398 revision can only be filed for further inquiry against 203 or 204 (4) dismissal or accused is discharged. 

Opportunity of hearing must be given to other party before passing any order. 

High Court cannot reverse acquittal into conviction under revision. If filed erroneously revision can be treated as appeal by High Court At Chandigarh.

Once the revision is allowed, High Court's order be certified to lower Court and conformable to the decision so certified. If necessary, the record shall be amended in accordance therewith.

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