Can revision application be made where aggrieved party has right to appeal in the matter? Elucidate with relevant provisions of Criminal Procedure Code.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
Can revision application be made where aggrieved party has right to appeal in the matter? Elucidate with relevant provisions of Criminal Procedure Code.

Answer & Explanation:

Sub-section (4) of Section 401 of the Code of Criminal Procedure, 1973, provides where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. The Code of Criminal Procedure provides a remedy, by way of appeal under Chapter XXX and if the party does not file an appeal against an order of the inferior criminal Court, he will not be permitted to prefer a revision against that order. But legal bar does not stand in the way of High Court's exercise of power of revision suo motu. It can itself call for the records of proceedings of any inferior criminal Court and has power to enhance the sentence by exercising its revisional jurisdiction. The power however is to be exercised only in exceptional cases where there has been a miscarriage of justice owing to a defect in the procedure or a manifest error on the point of law, excess of jurisdiction, abuse of power, where decision upon which the trial court relied has since been reversed or overruled when the revision appeal is being heard.

Topics: Criminal Procedure Code

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