Impact of 397(3) crpc on revision
V.N.K. MENON
(Querist) 14 February 2014
This query is : Resolved
A complaint was filed u/s 405/406/420 IPC for beach of trust in Magistrate’s court which was dismissed by not taking into account vital facts by the magistrate. As such, a revision was preferred before Sessions u/s 397 CrPC. Sessions dismissed the revision petition again without taking vital factors and documents into account. Thus there was travesty of justice. It pertinent to point out that Opposite Party has tainted course and conduct and is money-powered.
The query is:
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In view of bar on a second revision u/s 397(3), is there any remedy available to approach High Court? Has the road came to a dead-end and no remedy is available?
Present Position:
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In fact, an appeal was preferred u/s 482 CrPC in Delhi High Court where opposite party, i.e. accused, argued that a second revision is not maintainable u/s 397(3) CrPC.
High Court has given time and listed the matter in March 2014. Considered view of experts shall be helpful to enable me to take a prudent and feasible stand.
Devajyoti Barman
(Expert) 14 February 2014
You can file Revisional Application in the High Court u/s 482 crpc.
Appeal can not be preferred on this section. Revision is maintainable on the sectiona s quoted by me.
bhupender sharma
(Expert) 16 February 2014
Mr. BURMAN HAS WELL ADVISED BUT THE SECOND REVISION UNDER THE GARB OF 482 IS NOT MAINTAINABLE.
Devajyoti Barman
(Expert) 16 February 2014
Yes, it is very much allowed and routinely done in High Court.
I have myself filed lots of such Revisions and many are still pending.
Advocate. Arunagiri
(Expert) 16 February 2014
You have every right to file a second complaint before the same magistrate, by producing additional information and documents, which you have failed to produce in the first complaint.
