revision petition

ajay raj (Querist) 30 January 2014 This query is : Resolved
a person aquitted by judicial magistrate in 498a case....
1. can complintant wife file revision petition instead of appeal(372crpc) before session court?
2 i f no can u suggest some judgement on it?

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Dr J C Vashista (Expert) 30 January 2014
Why opt for revision when there is recent amendment in Cr. PC for an appeal U/s 372 Cr PC against acquittal?
You are to find out judgement yourself.

Devajyoti Barman (Expert) 30 January 2014
Yes Revision is permissible even if from the order impugned appeal can be preferred.
Citations are not supplied here.

Advocate. Arunagiri (Expert) 30 January 2014
Appeal against acquittal lies in the High Court.

Rajendra K Goyal (Expert) 30 January 2014
Appeal can be filed.
Citation not provided in this section.

Raj Kumar Makkad (Expert) 30 January 2014
When right to appeal is available, there is no need to go for revision.

appeal can be filed even before Sessions Judge.

Dr J C Vashista (Expert) 31 January 2014
The appeal is maintainable and has to be filed before Sessions Court and not High Court.

M V Gupta (Expert) 31 January 2014
Appeal is preferable to revision as the appellate court can go into the entire case and give full relief to the appellant.

Biswanath Roy (Expert) 31 January 2014
The complainant can file revision u/s.401 Cr.PC, subsection (5 ) of which provides the revision can be treated as Appeal automatically if appeal lies. Subject to presence of of the ingredients u/s 401 are there.

T. Kalaiselvan, Advocate (Expert) 01 February 2014
She can file a appeal before the sessions court u/s 372 cr.p.c.

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