P.D. Rajan, J.

1. The revisional power conferred under Section 397 and 401 of the Code of Criminal Procedure on the High Court is a special jurisdiction to correct the miscarriage of justice arising from the erroneous orders, which may arise from the misconception of law, irregularity of procedure or order and misreading of evidence. This revisional power is discretionary one and one cannot claim it as a vested right, when there is vested right in an appeal. The appellant has a statutory right in an appeal to demand adjudication upon a question of law or question of fact or of both. While exercising revisional jurisdiction, the petitioner has no such right, but he has the right to bring the case to the notice of the court and it is for the court to interfere in exceptional cases when it feels that substantial injustice has been done.

2. The revision petitioners were charge sheeted in C.C.485 of 2002 of Judicial First Class Magistrate-II, Mananthavady for having committed offence punishable under Section 143, 147, 353, 506(i) r/w with 149 IPC. The charge is that on 4.9.2002 at 6.30 pm, accused 1 to 4 and five others formed themselves into an unlawful assembly and in furtherance o