appeal
awadhesh khadiwala
(Querist) 24 August 2013
This query is : Resolved
Whether criminal revision may be convert to an appeal please case law
V R SHROFF
(Expert) 24 August 2013
You can appeal to HC against the Order of Cr Revision.
prabhakar singh
(Expert) 24 August 2013
This misconceived state of affair arises when
an advocate gets confused about a remedy if available as ''revision''or as ''appeal''
he files revision,though appeal lied or he filed appeal though revision lied then on his prayer the court can convert a revision as appeal or an appeal as revision.The view that appeal cannot be converted into revision or vice versa will not be in the interest of justice. A litigant cannot be penalised on account of technical error or mistake committed by the counsel. 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 in to appeal or appeal into revision should be passed
case laws are:
Reliable Water Supply Service of India v. Union of India (1971 SC 2183).
(AIR 1998 SC 2730) para 7
AIR 1998 SC 1270
AIR 1978 Allahabad 299
AIR 2005 MP 40(D.B.)
R.K Nanda 
(Expert) 24 August 2013
yes, it can be converted.
prabhakar singh
(Expert) 24 August 2013
Sorry!I notice that you have talked about conversion of criminal revision into appeal while my discussion was based on civil case laws.
YET FOR YOU MY ANSWER IS POSITIVE AS IT CAN BE DONE UNDER SECTION 401(5) OF Cr.P.C.
However the occurrence should be post to amendment of section 372 OF Cr.P.C. (if right to appeal was conferred by the amendment).
going through following discussions may be useful.
http://bombayhighcourt.nic.in/data/aurjudgements/2012/CRREVN28000.pdf
ajay sethi
(Expert) 24 August 2013
prabhakar singhji has done your home work . given you case laws
Raj Kumar Makkad
(Expert) 26 August 2013
Criminal appeal can be converted as criminal revision but criminal revision cannot be converted in criminal appeal.
As the code says that there is no right to appeal in every case and it is confined to such cases as are specifically provided by the law. Even in such specified cases the code allows only one appeal and a review of the decision of the appellant court is not normally permissible by way of further appeal to yet another higher court. In order to avoid the possibility of any miscarriage of justice in cases where no right of appeal is available the code has devised another review procedure, namely REVISION. Section 397 to 405 of Criminal Procedure Code deals with the powers of revision conferred on the higher courts and the procedure to regulate these powers. The powers of revision conferred upon the higher courts are very wide and are purely discretionary in nature. There fore no party has right t heard before any court exercising such powers.
The basic object behind the code in section 401 is to empower the high court to exercise the powers of an appellant court to prevent failure of justice in cases where the code does not provide for appeal. 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. In exercising the power of revision, which is discretionary, the court should always bear in mind the limitation that grab of exercising its power of revision; it cannot ion effect exercise the power of appeal in the face of statutory prohibitions.
Read more: High courts power of revision | Law Teacher http://www.lawteacher.net/english-legal-system/essays/high-courts-power-of-revision.php#ixzz2d2kYxMTU
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