An application for revision had been made before the Sessions Judge, can another revision be filed before High Court? Whether application of revision can only be filed directly before the High Court ?
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
An application for revision had been made before the Sessions Judge, can another revision be filed before High Court? Whether application of revision can only be filed directly before the High Court ?
Answer & Explanation:
Section 397(3) of the Code of Criminal Procedure, 1973 states that if an application under this section has been made by any person for the revision either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. Since the application for revision is already made before the Session Judge the same cannot be filed before the High Court. A person can directly move a revision application to the High Court without first approaching the Session Court. But if he has already filed the application before the Session Court, he cannot thereafter approach High Court for another revision.
Topics: Criminal Procedure Code
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