Back
SANJAY KAROL, MANOJ MISRA
Syed Shahnawaz Ali – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. registration and proceedings of fir (Para 2 , 3 , 4 , 5) |
| 2. legal status of victim and abatement (Para 6 , 7 , 8 , 9) |
| 3. nature of revisional power and abatement (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. finding on the unsustainability of the high court's order (Para 19 , 20) |
| 5. restoration of revision and next steps (Para 21 , 22 , 23) |
JUDGMENT :
1. Leave granted.
Facts
4. During pendency of the revision, on 05.05.2021 the father of the appellant i.e., the revisionist died. The appellant, who was arrayed as a witness in the police report, filed IA No. 19769 of 2021 to continue the revision proceedings. The High Court by the impugned order dated 21.02.2024 rejected the application holding that there is no provision for substitution in a Criminal Revision and, therefore, the Revision would abate.
Submissions
7. On behalf of the State, written submissions have been filed accepting the rights of a victim to participate in the criminal justice process.
(1) Every appeal under Section 377 or Section 378 shall finally abate on the death of the accused.
Explanation. - In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister.] of Cr
Abatement provisions for appeals do not apply to revisions, allowing a victim to continue proceedings even after the original revisionist's death.
Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.
A convicted individual must surrender before the court to maintain a revision under Sections 397 and 401 of the Criminal Procedure Code, as per the Allahabad High Court Rules.
The right to appeal granted to victims is prospective and applies only to judgments issued on or after December 31, 2009; earlier judgments can only be challenged through revisions.
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
The main legal point established in the judgment is that the term 'other person' in Section 401(2) of the Code includes a complainant/first informant if the order passed by the revisional court has t....
(1) Victim of offence cannot file Revision Petition against order of acquittal.(2) Charge-sheet filed by Head of investigation team of CID before jurisdictional Magistrate, is not a charge-sheet in e....
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
