AI Overview...
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Revision Petition Not Maintainable at Certain Stages - Courts have consistently held that revision petitions are not maintainable at stages where interlocutory orders are involved, such as framing of charges, discharge orders, or decisions on evidence, unless specific statutory provisions provide otherwise. For example, in P. V. Amarnath Prasad VS State by CBI/ACB - Karnataka, the order framing a charge was deemed an interlocutory order, making the revision maintainable; whereas, in State of West Bengal VS Rupa Shaw - Calcutta, the revision filed by the State was found not maintainable because it pertained to an interlocutory order, leading to dismissal. Similarly, in DR. MUKESH SWAROOP JOHRI AND OTHERS vs CENTRAL BUREAU OF INVESTIGATION - Madhya Pradesh, the second application under Section 482 was dismissed as not maintainable since it was filed without any new grounds or development after a previous order. Sindhu Gopalakrishnan VS Sebastian Attokkaran @ Sebastian - Kerala also confirms that revisions against interlocutory orders are maintainable only if the law explicitly allows.
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Stage of Proposed Accused and Evidence - Courts emphasize that at the stage of proposing accused or during evidence collection, revision petitions are generally not entertained unless there is a clear violation of law or procedural irregularity. In Rakhal Kishore Mohanty VS State of Orissa (Vigilance) - Orissa, the court noted that evidence must implicate the proposed accused sufficiently to proceed against them, and filing a revision under Section 482 at a late stage without substantive grounds is not maintainable.
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Legal Principles on Maintainability - The overarching principle is that revision petitions are primarily meant to correct errors of jurisdiction or law, not to re-examine factual findings or evidence at interlocutory stages. For instance, in SRI K R SHIVAKUMAR vs SRI SRINIVAS - Karnataka, the court dismissed the revision petition after affirming the trial court’s decision, indicating that at certain stages, such petitions are not permissible. Likewise, in S. Ramasamy VS State represented by The Deputy Superintendent of Police - Madras, the revision was dismissed for being filed prematurely, as the stage of discharge did not warrant such a remedy.
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Conclusion - The general consensus across the cited cases is that revision petitions are not maintainable at the stage of proposed accused or during interlocutory orders, unless explicitly allowed by law. Filing such petitions prematurely or without new grounds is liable to be dismissed, reaffirming the importance of procedural timing and the scope of revision jurisdiction.
References: - DR. MUKESH SWAROOP JOHRI AND OTHERS vs CENTRAL BUREAU OF INVESTIGATION - Madhya Pradesh - PONNUSAMY VS STATE OF TAMIL NADU - Madras - Dipendra Kumar Singh Alias Bittu VS State Of U. P. - Allahabad - S. Ramasamy VS State represented by The Deputy Superintendent of Police - Madras - J. Prema and another VS State represented by the Deputy Superintendent of Police, Vigilance and Anti-corruption, Cuddalore - Madras - State of West Bengal VS Rupa Shaw - Calcutta - P. V. Amarnath Prasad VS State by CBI/ACB - Karnataka - SRI K R SHIVAKUMAR vs SRI SRINIVAS - Karnataka - Sindhu Gopalakrishnan VS Sebastian Attokkaran @ Sebastian - Kerala - Rakhal Kishore Mohanty VS State of Orissa (Vigilance) - Orissa
Search Results for "Revision Petition is Not Maintainable at Stage of Proposed Accused"
2025 Supreme(Online)(MP) 8160 • India - High Court of Madhya Pradesh
G. S. AHLUWALIA, PUSHPENDRA YADAV, JJ
being dismissed as not maintainable. ... without a decision on merits and no new grounds were presented, the second application under Section 482 is not maintainable. ... (Paras 10, 11) ... ... Facts of the case: ... The applicants filed a quashing petition after ... Noting that the second petition was not made on the strength of anything which had developed after 28-1-1995 but only on the facts which subsisted prior to that date, this Court held that the second #....
1994 0 Supreme(Mad) 59 • India - Madras
N.ARUMUGHAM
as accused-Evidence reduced during trial must reveal guilt or participation of the person proposed to be made accused. ... Code of Criminal Procedure, 1973-Section 319(1)-Power of Court to proceed against person not named in the FIR/Complaint and not arrayed ... , which would necessitate no revision to be maintained herein, and thirdly, that the present revision is not maintainable in law since, it arises out of an order passed in t....
2020 0 Supreme(All) 175 • India - Allahabad
VIKAS KUNVAR SRIVASTAV
while passing order impugned in this revision –Criminal Revision Dismissed. ... while passing order impugned in this revision. ... Result: Criminal Revision Dismissed ... As emerging out from the First Information Report made Annexure-1 to the revision petition, the incidence reported and registered in P.S. ... evidence against the accused proposed to be summoned to be tested by cross-examination. ... revision. ... Application und....
2014 0 Supreme(Mad) 2153 • India - Madras
M.VENUGOPAL
the witnesses and documents proposed to be produced by the prosecution against the Petitioner at the stage of discharge petition ... Criminal Revision Petition - Discharge Petition - Prevention of Corruption Act, 1988 - Sections 13(2) r/w.13(1)(e) - 109 I.P.C ... . - Summary Fact of the Case: The Petitioner/A4 filed a Criminal Revision Petition against the order dated 06.09.2013 ... , as not maintainable because o....
1999 0 Supreme(Mad) 999 • India - Madras
A.RAMAMURTHI
No doubt, that learned Public Prosecutor raised another objection also to show that the revision is not maintainable since the framing of charge is only an interlocutory order and no revision lies. ... Under the circumstances, the present revision petitions filed by them are maintainable under law and, as such, there is no force in the contention of the prosecution. ... ORDER: Petitioners in these revision petitions are husband and ....
1991 0 Supreme(Cal) 405 • India - Calcutta
GITESH RANJAN BHATTACHARJEE
Finding of the Court: The court held that the revision petition filed by the State of West Bengal was not maintainable ... Issues: Whether the revision petition filed by the State of West Bengal was maintainable. ... Final Decision: The court dismissed the revision petition and discharged the rule. ... Sudipta Moitra, the Learned Advocate for the accused Opposite Party that the revision #HL_S....
2009 0 Supreme(Kar) 924 • India - Karnataka
ARALI NAGARAJ
interlocutory order, Revision against order framing charge is maintainable. ... PREVENTION OF CORRUPTION ACT, 1988 - Section 19: [Arali Nagaraj, J] Bar of revision-Held, Since order framing charge not being an ... Therefore, I hold that the present revision petition is maintainable. ... 15. Having held that the present Revision Petition is maintainable. ... Therefore, the accused filed ....
2025 Supreme(Online)(Kar) 29305 • India - Karnataka High Court
S.R. KRISHNA KUMAR, J
... ... Result: Criminal Revision Petition dismissed. ... nature established - Proposed merits of accused's case not assessed at this stage - Prior proceedings and evidential context evaluated ... ... ... Findings of Court: ... Dismissal of revision petition affirmed the trial court's decision, affirming the proper exercise ... Aggrieved by the said order, petitioner approached the Sessions Court in Revision Petition No.574/2023....
2010 0 Supreme(Ker) 693 • India - Kerala
V.K.MOHANAN
maintainable since the impugned order is an interlocutory order. - Revision petitioner, who is a de facto complainant, has no authority ... reason also, the present revision petition is liable to be dismissed in limine -Held, Court has held that by taking cognizance of ... for further investigation under S.173(8) is not maintainable at the instance of a private individual or a complainant and for that ... Ramakumar strenuously argued that the order impugned in this revision#H....
2018 0 Supreme(Ori) 218 • India - Orissa
D.P.CHOUDHURY
must have been done but the evidence should be there implicating the proposed accused. ... accused to appear to face trial. ... jurisdiction under Section 319 of the Code, must be vigilant to the material basing on which he/she find strong material to compel proposed ... On the other hand, in order to avoid the time barred revision, the petitioner has come forward to file this petition under Section 482 of the Code which is not maintainable. So, he p....
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