Revision in case of conviction in petty offences

vinod bansal (Querist) 13 February 2010 This query is : Resolved
R/Members
If a spl judicial magistrate passed an order of conviction of one month & fine of Rs. 50/-in a petty offence case like gambling than what is remedy to me as there is no provision of appeal in cases of fine less than 200/-Rs. & 3 Month imprisonment as per section 376 of CrPc.Kindly suggest
Regards
Vinod Bansal Advocate Jind

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Parveen Kr. Aggarwal (Expert) 13 February 2010
Section 397 of the Code of Criminal Procedure, 1973 provides:

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself' or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court, and may, when calling for such record, direct that the execution of' any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

Explanation. All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 398.

(2) The powers of revision conferred by sub-section (I) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the of the of them.

So, revision may be filed in such case.

Sukhija (Expert) 14 February 2010
I agree

adv. rajeev ( rajoo ) (Expert) 14 February 2010
I do agree parveen

Adinath@Avinash Patil (Expert) 14 February 2010
PARVEEN IS RIGHT.

Raj Kumar Makkad (Expert) 14 February 2010
File revision against the impugned order rather an appeal as per provisions of section 397 to 401 of Cr. P. C.