S Punnam Chand (dpa) 30 April 2013

Can an appeal be taken as revision?

I have wrongly filed a criminal appeal in a session court instead of filing a revision. Now its a question of its maintainability. How can I prove? its maintainability.?

1) I would like to know whether Appeal can be treated as reviison by session judge as he has high court powers? under what provisions? any relavant case citation will be helpfull?

2) or else how can I prove its maintainability? case citation or case title will help

thanks

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3 Replies

N.K.Assumi (Advocate) 30 April 2013

I am of the view that appeal is a creation of law, as such appeal can not be converted into Revision though Revision may be converted into appeal petition. Criminal Procedure Code, 1973—Sections 397, 399 and 401—Revision—The powers of revision are concurrent with the High Court and the Sessions Judge—By virtue of Section 399, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under subsection (1) of Section 401 and while doing so the provisions of sub- sections (2),(3),(4) and (5) of Section 401 apply to such power as far as possible.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 30 April 2013

Dear Suresh, I totally agree with reply of Mr. Assumi. You can also mention this fact before the court itslef. If the court direct you to file the Revision Petition in proper format then do so. There is no need to worry, this is common mistake during practise. Plz do as suggested otherwise, the court will dismissed it on this sole ground. Regards Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505