AI Overview...
Summary of 167 Remedy Revision Supreme Court
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Availability of Revision Remedy
The Supreme Court and High Courts have consistently emphasized that revision is a statutory remedy available under specific circumstances. However, if an alternative efficacious remedy exists, courts may refuse to entertain revision petitions, considering discretionary relief under Article 226 or 227. For example, civil revision petitions under the Recovery of Debts Act were dismissed on the ground of available alternative remedies (Ranjith Impex Rep. By N. Ranjith Kumar Marlecha, Sole Proprietor, Chennai & Another VS State Bank of India, Rep. By its Assistant General Manager, Stressed Assets Management Branch Chennai - Madras, M. A. Dharman VS State of Andhra Pradesh - Crimes). -
Revision in Criminal Cases
In criminal law, revision petitions are the proper remedy for challenging orders such as denial of bail or final orders under Section 167(2) Cr.P.C. The Supreme Court has clarified that orders relating to the issue of process or final orders under Section 167(2) are revisable, and such petitions are maintainable (Rakesh Alias Moni VS State Of Haryana - Punjab and Haryana, M. A. Dharman, sou of Appukuttan 68, solayappa Naichen Street, Madras-17 VS State OF A. P. by Secretary to Government, General Administration department, Hyderabad - Andhra Pradesh). -
Order for Issue of Process and Final Orders
The Court held that orders for issuing process are not interlocutory and can be challenged via revision. Similarly, final orders under Section 167(2) Cr.P.C are subject to revision, and failure to file within the prescribed period can be challenged through revision petitions (ATC Telecom Infrastructure Private Limited, Rep. by its Circle Head, Celestial Point VS R. Muthukrishnan - Madras, Tamizharasi And Another VS Assistant Director, Narcotic Control Bureau - Madras). -
Alternative Remedies and Court Discretion
Courts have reiterated that where an effective alternative remedy exists (e.g., under the Recovery of Debts Act or through statutory appeals), the exercise of revisional jurisdiction may be declined. Discretion is exercised to prevent concurrent proceedings or to avoid unnecessary interference (Ranjith Impex Rep. By N. Ranjith Kumar Marlecha, Sole Proprietor, Chennai & Another VS State Bank of India, Rep. By its Assistant General Manager, Stressed Assets Management Branch Chennai - Madras, M. A. Dharman VS State of Andhra Pradesh - Crimes). -
Exceptions and Special Circumstances
The Supreme Court has acknowledged exceptions where revision is permissible even if an alternative remedy exists, especially if the remedy is not efficacious or if the order is of a final nature affecting fundamental rights (SOVACHAND MULCHAND VS COLLECTOR OF CENTRAL EXCISE AND LAND CUSTOMS - Calcutta, Tamizharasi And Another VS Assistant Director, Narcotic Control Bureau - Madras).
Analysis and Conclusion
The Supreme Court's jurisprudence underscores that revision is a valuable but limited remedy, primarily used when no alternative efficacious remedy is available. Orders related to process issuance and final orders under Section 167(2) Cr.P.C are revisable. However, courts tend to favor alternative remedies, such as appeals or other statutory remedies, and may dismiss revision petitions if such remedies are available and effective. The Court’s approach balances the need for judicial review with the principle of avoiding multiplicity of proceedings.
References: - ATC Telecom Infrastructure Private Limited, Rep. by its Circle Head, Celestial Point VS R. Muthukrishnan - Madras - Ashok P. C. Mehta VS State of Maharashtra - Bombay - Ranjith Impex Rep. By N. Ranjith Kumar Marlecha, Sole Proprietor, Chennai & Another VS State Bank of India, Rep. By its Assistant General Manager, Stressed Assets Management Branch Chennai - Madras - M. A. Dharman VS State of Andhra Pradesh - Crimes - M. A. Dharman, sou of Appukuttan 68, solayappa Naichen Street, Madras-17 VS State OF A. P. by Secretary to Government, General Administration department, Hyderabad - Andhra Pradesh - Smt. Sunita Yadav vs Union of India through Secretary, Ministry of Communication, Government of India - Central Administrative Tribunal - Rakesh Alias Moni VS State Of Haryana - Punjab and Haryana - Rijesh Ravindran S/o. Kollaikal Ravindran VS Union of India Narcotic Control Bureau represented by its Intelligence Officer - Karnataka - SOVACHAND MULCHAND VS COLLECTOR OF CENTRAL EXCISE AND LAND CUSTOMS - Calcutta - Tamizharasi And Another VS Assistant Director, Narcotic Control Bureau - Madras
Search Results for "167 Remedy Revision Supreme Court"
2019 0 Supreme(Mad) 2286 • India - Madras
R.SURESH KUMAR
this Court by filing revisions- If at all revision petitions are not entertained for aforesaid reason n remedy available to revision ... Apex Court in above cited Judgment- therefore on that ground se revision petitions cannot be entertained Senior Counsel appearing ... has been filed –Held, Court at threshold is of considered view that prayer sought f....
2005 0 Supreme(Bom) 293 • India - Bombay
V.K.TAHILRAMANI
Matter returned for availing the remedy of revision before Sessions Court. ... Criminal Procedure Code, 1973 - Sections 482 and 397(2) - Alternate remedy - Of revision - Availability of - A case against issue ... (SC) 511 this was the direct point for decisions held that order for issue of process was not an interlocutory order, therefore revision ... In view of the fact that the petiti....
2009 0 Supreme(Mad) 3964 • India - Madras
ELIPE DHARMA RAO, M.VENUGOPAL
The court dismissed the civil revision petitions, emphasizing the availability of an alternative remedy under the Recovery of Debts ... Final Decision: The Civil Revision Petitions were dismissed, leaving the parties to bear their own costs. ... , emphasizing the availability of an alternative remedy under the Recovery of Debts Due to Banks and Financial Institutions Act. ... Vohra [AIR 1983 Delhi #HL_ST....
• India - Crimes
RAMANUJULU NAIDU, IYYAPU PANDURANGA RAO
"It has been repeatedly held by the Supreme Court and this Court that normally the remedy under article 226 being a discretionary ... remedy, the High Court may refuse to grant the relief wherever there is an alternate remedy available which is equally efficacious ... of the Old Code came up once again for consideration before the Supreme Cou....
1990 0 Supreme(AP) 479 • India - Andhra Pradesh
IYYAPU PANDURANGA RAO, RAMANUJULU NAIDU
CRIMINAL PROCEDURE CODE, 1973 - Sec. 167(2) Proviso (a) and (b) read with Expl. ... II end Sec. 309 (2) end Constitution of India, Arts. 21 and 226 - Scope and object of Sec.167(2)(b) Cr.P.C - Order of remand of accused ... arrested under Sec. 104 of the Customs Act, 1962 without production of accused detenues by Jail authorities - Violative of Sec. 167 ... been repeatedly held by the Supreme Court and th....
2025 Supreme(Online)(CAT) 7359 • India - Central Administrative Tribunal
Mr. Justice Om Prakash VII, J, Mr. Mohan Pyare, A
Ultimately, the court 'partly allowed' the application, upholding the disciplinary authority's order. ... The court reviewed allegations against the applicant, stating, 'the punishment imposed by the appellate authority shall comply with ... Parashar reported in (2006) 3 Supreme Court Cases 167; (ii) Raj Bahadur Vs. ... of revision, thus, OA is not maintainable. ... Parashar (supra), t....
2021 0 Supreme(P&H) 1263 • India - Punjab and Haryana
JAISHREE THAKUR
held that the remedy for challenging the denial of regular bail was to file a Criminal Revision Petition. ... The court also emphasized the finality of the order under Section 167(2) Cr.P.C and the need to challenge it through a revision petition ... by filing a Criminal Revision Petition. ... Reliance has been placed upon Narender Kumar Amin vs CBI (Supreme C....
2021 0 Supreme(Kar) 247 • India - Karnataka
H.B.PRABHAKARA SASTRY
167(2) Cr.P.C., no revision under Section 397 of Cr.P.C. would lie – It is clear that, since petitioner has got a specific remedy ... Criminal Revision Petition No.325/2021 also is proved to be devoid of any merit – Special Court has also taken cognizance of offence ... Court? ... Thakur and another reported in (1986) 2 Supreme Court Cases 709. ... The....
1966 0 Supreme(Cal) 220 • India - Calcutta
S.P.MITRA, S.C.GHOSH
The court relied on the observations of the Supreme Court in M. G. Abrol v. ... The court relied on the observations of the Supreme Court in Municipal Council, Khurai v. ... The court held that the existence of an alternative remedy under the Sea Customs Act does not oust the jurisdiction of the High Court ... where an alternative #HL....
1994 0 Supreme(Mad) 1062 • India - Madras
T.S.ARUNACHALAM, JAYARAMA CHOUTA
Code of Criminal Procedure, 1973 - Section 167(2) - Final report against person arrested not filed within 90 days - Accused held ... merely because an alternate remedy could also have been chosen. ... , the remedy, if any, cannot be through issue of a habeas, but only through a petition invoking the inherent powers of this court ... had taken up the matter to the Supreme Court.
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