• Appeal

I was discharged by lower court on basis tht no proof attached by prosecution in 498a case...nw wife goes for revision in sessions...can she appeal in session or should fhad filed revision in high court??can private party go for revision without involving state...what should be my course of action
Asked 7 years ago in Family Law
Religion: Sikh

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

Both the sessions court and the high court has concurrent jurisdiction in revision matters.

So revision can be filed either in sessions court or in high court.

The private complainant can always go for revision .

Since revision is filed you will be served with notice of this case on receipt of which you will get chance to oppose the revision or defend the order of discharge.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

case of discharge or acquittal, the State being the complainant can prefer appeal against acquittal or discharge, even in case of appeal not preferred by the State, the defacto-complainant, who had set the law into motion against the public servant can prefer criminal revision against acquittal or discharge,

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hi

Since you have been discharged by the lower court on basis of no Proof by prosecution, there is no need to worry at all as it is the state that needs to go on an appeal against your acquittal.

Generally in 498A cases, state will NOT go an appeal as the matter is primarily between two individuals and also given that almost all of the 498a claims filed by the wife are totally false and baseless. So No need to worry on this front too.

Even if your wife goes for revision in sessions court, generally a private complainant against an order of acquittal can be exercised only in exceptional case where the interest of public justice require interference for the correction of a manifest illegality or the prevention of a gross miscarriage of justice (Kaptan Singh vs. State of Madhya Pradesh (1997) 4 supreme 211

So your wife unless she shows that there is an exceptionally exceptional case and her claim has been ignored by the lower court, she has no chance of getting the acquittal dismissed.

So all you need to do is to ensure that the appeal petition fails on the grounds of NOT being an exceptional case.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Hi

The limitations in this revision petition is that it is filed by a party who is

the de facto complainant as against finding of acquittal recorded by the

Magistrate.

The revisional jurisdiction is derived from three provisions under Crpc and constitution :-

(1) Section 397 to 401 of the Cr PC;

(2) Article 227 of the Constitution of India;

(3) The power to issue the writ of certiorari.

Section 399 of CrPC says about the Sessions Judge's powers of revision:

1. in any proceeding the record of which has been called for by himself the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 401 .

2. In any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and references in the said subsections to the High Court shall be construed as references to the Sessions Judge.

3 In any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.

complainant has option under Section 397(1) of the Cr PC subsection 3 , which says that an aggrieved party can make an application for revision. The complainant is entitled to move a revision when there was acquittal of the accused based on a police report and the state did not file an appeal against it, as the complainant on its own couldn't file an appeal.

in this matter an appeal could have been possible and the reason and the provisions of filing a revision is not clear as you have not mentioned under which sub section of Crpc. the revision has been filed.

as per the provisions under CrPC Section 397 Cr.P.C. the sessions court has no jurisdiction to pass an order on a revision petition as there was an option for appeal lies. as it reads Neither the Sessions Court nor the High Court has any power to convert finding of acquittal recorded by the Magistrate into one of conviction, while exercising jurisdiction under Section 397 Cr.P.C. in a revision petition.

you should challenge the maintainability of the revision in sessions court.

.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. The case was between the State and you.

2. The state can file Revision petition before the Session Court challenging the order passed by the trial court.

3. your wife should file a petition before the High Court challenging the said order of your accquital making the State also a party to the case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

revision can be filed by the complainant . state should be made party to the application

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

In Revision under criminal jurisprudence the similar principle of law applies.

So unless a stay order is passed the trial court can not stall the trial of the case.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. This is strange to find that Revision Petition has been filed against the accused by the complainant challenging tthe accused he order acquitting by the trial court without making the State a party.

2. However, If the Court has accepted the said petition, it will be toyour advantage that you get the said petition dismissed by the sessions court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Hi

Her Revision petition will be dismissed as it is a private complaint and the state has not preferred an appeal .

Courts if there are no exceptional circumstances will dismiss the private revision petition if the state did not prefer an appeal.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer