Revision vs. appeal

hi rajiv....seeing u back after a long time in the forum. how are your cases going on?

Thanx for concern mate!

All fine at my end. Divorce case near end. DV in comfortable place. Most of things are in control.

Members plz reply to my query too

In appeal evidence is reappreciated where as in revision not permitted to do so. 

Thanx dear

But client is allowed to choose b/w them two

OR

In some cases revision lies, in others appeal lies

I mean to ask, for a person, are both (revision & appeal) options open?

It is a vast subject.  Whether a particular order can be challenged in appeal or revisional jurisdiction depends upon the order and under which section / statute it emanated and whether it is a civil court order or criminal court order.  In some of the cases, even various high courts differ on the jurisdiction in which it can be challenged - appellate or revisional.  Whether the order is interlocutary order or not is also one more question to be decided before invoking any jurisdiction.  Better take your order to your advocate and give him sufficient time to research and advise you about appropriate course of action.

Thanks dear for giving insight.

In this particular case, a criminal complaint case was filed at MM court. After evidence the MM court summoned the accused under IPC sections XX

Then, pre charge evidence happened, witness were crossed, arguments for framing of charges.......then came the order that -- accused is discharged from all offences, the case stands DISPOSED.

Can anybody tell whether APPEAL or REVISION will stand

At Sessions or at HC?

Dear rajiv,

1) Appeal is a legal right of a party but revision depends on the discretion of the Court, therefore it cannot be claimed as a matter of right.

2) An appeal may lie on the point of law as well as on facts but a revision generally lies on the question of law only.

3) In case of appeal, the appellant is heard, but it is not necessary in case of a revision petition.

4) In case of appeal, the Appellate Court can neither increase the sentence nor pardon the appellant but both these are possible in case of revision.

5)In appeal, the higher court may convert discharge of the accused into his conviction but this cannot be done in case of revision.

6) The courts have extensive powers of interference in criminal appeals but the power of courts is very limited in revision.

7) There is only one procedure involved in appeal but there are two procedures involved in case of revision, i.e., preliminary and final.

PS: For your matter an appeal is the suitable process if one party is aggrieved with the final judgement provided that the appeal is always placed before superior court.

ESIS

In the given facts, the complainant to go to revision to sessions  court and there if he fails can go in an appeal to High Court.  There is alternative for him, he can go in an appeal to the sessions court and if he fails to go to revision to the High Court.  He can opt his choice.