Querist :
Anonymous
(Querist) 14 January 2024
This query is : Resolved
Respected experts, I am a newly enrolled lawyer practicing self, I want to know that "can revision be converted into an appeal". Please do help me with any judgment.
T. Kalaiselvan, Advocate
(Expert) 14 January 2024
Revision is exercised against those orders which are not appealable. P.C. or the matter may be remanded to the High Court to convert the revision applications into appeals and to treat them as appeals under Section 372 Cr.p.c. It was argued in a case before supreme court thus: It is further submitted that even otherwise the victims in the present case were having a right of appeal to the High Court against the order of acquittal as provided under Section 372 Cr.P.C. It is therefore submitted that even otherwise the victims could have preferred the appeal before the High Court against the order of acquittal. It is submitted that merely because mistakenly and/or inadvertently the victims preferred revision applications, their right to appeal conferred under Section 372 Cr.P.C. could not have been taken away. Therefore, it is submitted that either the revision applications preferred by the victims may be treated as petitions of appeals in exercise of powers under sub-section (5) of Section 401 Cr.P.C. or the matter may be remanded to the High Court to convert the revision applications into appeals and to treat them as appeals under Section 372 Cr.P.C. Thereafter it was held thus: The matters are remitted to the High Court. The High Court is directed to treat the revision applications as appeals under Section 372 Cr.P.C. and thereafter to decide and dispose of the same in accordance with law on their own merits.
Advocate Bhartesh goyal
(Expert) 15 January 2024
Scope of revision is limited and only jurisictional error can be challenged whereas in appeal grounds of both facts and law can be raised, anyway you can request court to covert revision into appeal.
P. Venu
(Expert) 17 January 2024
What are the facts? What is the context?
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