Last Updated on April 20, 2024 by Satish Mishra
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.
A revision court considers the material only to satisfy itself about the legality and propriety of the findings, sentence and order and refrains from substituting its own conclusion on an elaborate consideration of evidence.
Check Out- Looking Out for Opening Sheet for Criminal Revision in High Court Chandigarh
Difference- The real difference between 482 and Revision is that the former covers inherent powers whereas the later is discretionary remedy of the court.
What is the limitation for filing criminal revision in High Court? 90 Days of order under challenge.
Revision Not Applicable Against Interlocutory Orders. In that case you can avail shelter under Section 482 of CrPC.
How to check whether the order is interlocutory or not? The sole test is not whether such order is passed through the interim stage. An order which substantially affects the rights of the accused or decides certain rights of the parties would not be an interlocutory order.
Do you know? Revision cannot be dismissed in Default and even a stranger can file it, since revision court has Suo Motu powers.
Note- You cannot file Revision twice in the form of Section 482 CrPC.
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.
Also Read-Intervention in Criminal Revision Petitions by the Complainant
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.
Also Read- Criminal Revision Petition doctypes: Punjab
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.
For case specific advice, please connect with Criminal Revision High Court Chandigarh lawyers.
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