Yes,PP is right.

Any order challenged from 340 proceeding is appealable u/s 341/342 crpc.

So withdraw the Revision and prefer an appeal.

However even though it is time barred but in appeal if you explain the delay then the delay is condoned u/s5ofthe Limitations Act.

So withdraw the revision and prefer an appeal asap.

Do not worry ,your appeal would be admitted. Your wrong pursuance of Revision is another valid explanation for delay in preferring an appeal.

Good luck.

you cannot lable a magistrate as corrupt merely because he has rejected your application for perjury

2) you have not reproduced grounds for rejection of your secvtion 340 application

3) Section 401 (4) cr pc which provides thus:

"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."

4) When an appeal lies and no appeal is preferred, no revision would file by a party, who could have appealed is the scheme of the statute and there is no dispute to that law.

5) To meet the ends of justice, revision can be converted into appeal or appeal can be converted into revision while exercising the discretion

Madhya Pradesh High Court in Om Prakash Vs. Dwarka Prasad AIR 2005 M.P.240. Ld. Hon'ble High Court has summarized the legal position as quoted below:-.

"To meet the ends of justice, revision can be converted into appeal or appeal can be converted into revision while exercising the discretion and if the following norms are fulfilled, then normally order of conversion of revision into appeal or appeal into revision should be passed:

i) When revision is converted into second appeal, then before passing the order of conversion, it is to be considered whether substantial question of law arises in the said case, if no substantial question of law arises in the case, revision cannot be converted into second appeal,

ii) Revision can be converted into appeal if same is filed within time and there is no impediment of limitation. Limitation must be construed from the date of filing of the revision petition or appeal. If the revision or appeal so filed was within limitation, for conversion into appeal or revision, it is to be examined that the appeal or revision, as the case may be, so filed, on the date of institution was within the limitation and if so, said permission can be granted.

iii) There is no period of limitation for applying such conversion, but while exercising the powers of conversion, the Court would keep in mind whether appeal or revision, as the case may be, had been instituted within the period prescribed for such proceedings"

1. in your case revision is not time bared.

2. if revisional court finds that an appeal may be lie against the order, then court is empowered to treat revision as an appeal.

3. no need to file appeal, you should take plea to take revision as an memorandum of appeal

If the appeal is barred by limitation, you may file a petition under section 5 of the limitation act to condone the delay in preferring the appeal.

You allow the court to dismiss the revision and see the reasons what has been stated in the dismissal order.

If the revision court has stated what the public prosecutor insisted, then you may prefer an appeal as per the said provisions of law.