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Section 482 Against Revision: When Can You Use It?
In criminal law practice, litigants often face a dilemma: should they file a revision petition under Section 397 CrPC or invoke the High Court's inherent powers under Section 482 CrPC? The query '482 against Revision' captures this common confusion. While Section 482 offers extraordinary relief to prevent abuse of process, it cannot typically substitute for a revision, especially after one has been dismissed. This post breaks down the legal principles, Supreme Court precedents, and practical guidance based on key judgments.
Disclaimer: This article provides general information on Indian criminal procedure. It is not legal advice. Consult a qualified lawyer for case-specific guidance, as outcomes depend on facts and jurisdiction.
Understanding Revisional Powers Under Section 397 CrPC
Section 397 CrPC empowers higher courts (Sessions Court or High Court) to examine the correctness, legality, or propriety of orders by subordinate courts. However, Section 397(2) bars revision against interlocutory orders, and Section 397(3) prohibits second revisions by the same party.
- Key Limitation: No second revision against the same order. GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1
- Interlocutory Bar: Orders like summoning or framing charges are often interlocutory, blocking revision. AMIT KAPOOR VS RAMESH CHANDER - 2012 Supreme(SC) 617
Courts have clarified: Revisional power cannot be invoked against interim or interlocutory order. AMIT KAPOOR VS RAMESH CHANDER - 2012 Supreme(SC) 617
Inherent Powers Under Section 482 CrPC: Scope and Purpose
Section 482 CrPC preserves the High Court's inherent powers to:
- Prevent abuse of court process.
- Secure ends of justice.
- Quash frivolous proceedings.
This is an extraordinary jurisdiction, exercised sparingly. Section 482 confers very wide powers to do justice... but is inapplicable in regard to matters which are specifically provided. AMIT KAPOOR VS RAMESH CHANDER - 2012 Supreme(SC) 617
When Section 482 Can Be Invoked Against Revision
High Courts may use Section 482 in exceptional cases:
- Grave miscarriage of justice or abuse of process.
- Where revision is barred (e.g., interlocutory orders) but injustice is manifest.
- Non-compoundable offences quashed post-compromise (e.g., matrimonial cases). B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227
High Court in exercise of its inherent powers can quash criminal proceedings... Section 320 does not limit... powers under Section 482. B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227
However, not as a substitute:
- Cannot convert into a second revision. Khalida Anjum vs State of U.P. - 2025 Supreme(All) 2488
- Statutory remedies (revision/appeal) must be exhausted first. Ashoka Gears VS R. N. Metals India Pvt. Ltd. - 2021 Supreme(Raj) 33
Bar on Second Revision: Cannot Use 482 to Bypass
A recurring theme in judgments: Section 397(3) bars second revisions, and Section 482 cannot circumvent this.
- Once the revision is dismissed, a subsequent petition under Section 482 Cr.P.C... would amount to a second revision, which is specifically barred. SHANMUGAM vs RAVI - 2026 Supreme(Online)(Mad) 4768
- Inherent powers under Section 482... cannot be utilized for exercising powers which are expressly barred. Khalida Anjum vs State of U.P. - 2025 Supreme(All) 2488
In one case, after Sessions Court dismissed revision, High Court refused Section 482, calling it a 'second revision in disguise'. Krishna Prajapati VS State of Jharkhand - 2008 Supreme(Jhk) 1075
Exceptions: Rare Cases Where 482 Trumps Revision Bar
- No Alternative Remedy: E.g., against High Court's own order or pure procedural abuse. Pepsi Foods VS Special Judicial Magistrate - 1997 9 Supreme 279
- Matrimonial/Compromise Cases: Quashing non-compoundable offences (498A, 406 IPC) post-settlement. B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227
- Manifest Illegality: Complaint discloses no offence; proceedings futile. GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1
Quashing a proceeding becoming futile after compromise... are two different things. GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1
Supreme Court Guidelines on 482 vs Revision
The Apex Court has repeatedly cautioned against misuse:
Key Principles from Precedents
- Sparingly Exercise: High Court must exercise the inherent power very sparingly. Harbhajan Singh VS State of Punjab - 2016 Supreme(P&H) 3416
- Not for Second Bite: Second revision petition cannot be filed in the garb of application under Section 482. Krishna Prajapati VS State of Jharkhand - 2008 Supreme(Jhk) 1075
- Interlocutory Orders: Prefer Section 482 over barred revision. Taddi Rama Rao and others VS Kondi Aseervadam and another - 1976 Supreme(Mad) 666
- Final Orders: Exhaust revision first. Ashoka Gears VS R. N. Metals India Pvt. Ltd. - 2021 Supreme(Raj) 33
| Scenario | Preferred Remedy | Section 482 Allowed? |
|----------|------------------|----------------------|
| Interlocutory Order | Section 482 | Yes, if abuse of process AMIT KAPOOR VS RAMESH CHANDER - 2012 Supreme(SC) 617 |
| First Revision | Section 397 | Yes |
| Second Revision Attempt | None | No, barred Khalida Anjum vs State of U.P. - 2025 Supreme(All) 2488 |
| Post-Compromise Quashing | Section 482 | Yes, exceptionally B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227 |
| No Prima Facie Offence | Section 482 | Yes Pepsi Foods VS Special Judicial Magistrate - 1997 9 Supreme 279 |
Practical Tips for Litigants
- Check Order Type: Interlocutory? Go for 482 if revision barred.
- Exhaust Remedies: File revision first for final orders.
- Document Abuse: Show clear prejudice or frivolous case for 482.
- Avoid Forum Shopping: Courts dismiss 'second revision in 482 clothing'. Sri Motilal Upadhyaya vs Dimberswar Bora and others - 1996 Supreme(Online)(Gau) 2
- Timeliness: Delays weaken inherent power claims.
In maintenance orders under Family Courts, revision under Section 19(4) preferred over 482. Nitish Kumar VS Neha Kumari - 2023 Supreme(HP) 471
When Courts Have Interfered Under 482 Despite Revision
- Food Adulteration Case: Quashed despite discharge option, as no prima facie case. Pepsi Foods VS Special Judicial Magistrate - 1997 9 Supreme 279: Accused cannot... undergo the agony of a criminal trial.
- Cheque Bounce: Post-conviction compromise not exceptional for 482; file revision. Ashoka Gears VS R. N. Metals India Pvt. Ltd. - 2021 Supreme(Raj) 33
Conclusion: Key Takeaways
- Section 482 against revision is permissible only in rare, exceptional cases – not routinely.
- Primary Rule: Exhaust statutory revision under Section 397 first.
- Absolute Bar: No second revisions, even via 482.
- Guiding Principle: Prevent abuse, secure justice – sparingly.
Generally, courts prioritize statutory channels. Misusing 482 risks dismissal and costs. For 482 vs revision dilemmas, strategic filing based on order nature and facts is crucial.
Sources: Analyzed from Supreme Court and High Court judgments including GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1, B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227, Sarla Verma VS Delhi Transport Corporation - 2009 3 Supreme 487, Pepsi Foods VS Special Judicial Magistrate - 1997 9 Supreme 279, AMIT KAPOOR VS RAMESH CHANDER - 2012 Supreme(SC) 617, Khalida Anjum vs State of U.P. - 2025 Supreme(All) 2488, Harbhajan Singh VS State of Punjab - 2016 Supreme(P&H) 3416, SHANMUGAM vs RAVI - 2026 Supreme(Online)(Mad) 4768, Krishna Prajapati VS State of Jharkhand - 2008 Supreme(Jhk) 1075, Ashoka Gears VS R. N. Metals India Pvt. Ltd. - 2021 Supreme(Raj) 33, Nitish Kumar VS Neha Kumari - 2023 Supreme(HP) 471.
Word count: ~1050. Stay informed, seek professional advice.
Search Results for "Section 482 Against Revision: When Can You Use It?"
2009 3 Supreme 487 • India - Supreme Court
R.V.RAVEENDRAN, LOKESHWAR SINGH PANTA
a>, 1988 – Section 168 – Future prospects of advancement in life and career should also be sounded in terms ... Motor Vehicles Act, 1988 – Section 163A – One-third deduction towards personal living expenses got statutory ... Motor Vehicles Act, 1988 – Section 168 – In view of the many imponderables in life, actual future pay revisions ... have been decided only with reference to the scale of pay applicable at the time of death and not with reference to any future revision ... In fact one-third deduction, got st....
2012 7 Supreme 1 • India - Supreme Court
R.M.LODHA, SUDHANSU JYOTI MUKHOPADHAYA, ANIL R.DAVE
- Inherent power to do complete and substantial justice - Should not be exercised as against the express bar of law. ... : ... The crucial issue in this case is the applicability of sections ... ='00400028934'>2008 (2) Mh.L.J. 856 - Referred ... Facts of the case ... for quashing interlocutory order even though revision under Section 397(2) of the Code was prohibited. ... While exercising powers under the section, the court does not function as a court of appeal or revision. ... (6)....
2003 3 Supreme 227 • India - Supreme Court
Y.K.SABHARWAL, H.K.SEMA
(Yes, in present case of matrimonial offences-Appeal allowed. ... The hyper-technical view would be counter productive and would act against interests of women and against the object for which this ... may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law ... The question considered in that case was when there was a bar on the power of revision in relation to any interlocutory order passed ... Sub-section (....
1997 9 Supreme 279 • India - Supreme Court
D.P.WADHWA, SUJATA V.MANOHAR
It may not however, be lost sight of that provisions exist in the Code of revision and appeal but sometime for immediate relief Section ... any case against him and still he must undergo the agony of a criminal trial. ... and law applicable thereto. ... It may not however, be lost sight of that provisions exist in the Code of revision and appeal but sometime for immediate relief Section ... any case against him and still he must undergo the agony of a criminal trial. ....
1977 0 Supreme(SC) 123 • India - Supreme Court
Y.V.CHANDRACHUD, P.K.GOSWAMI, P.N.SHINGHAL
of the prosecution, to which court have not applied our mind, as against accused - Case against those accused must take its due ... Employees Union took up cudgels on his behalf and resolved to support his cause - Case of the prosecution is that accused conspired ... Penal Code - Whether any charges could be legitimately framed against the respondents – Held, on the other hand, the decisions cited ... Two revision petitions were filed against this order, one by accuse....
2016 0 Supreme(P&H) 3416 • India - Punjab and Haryana
M.M.S.BEDI
– Inherent Jurisdiction – Nothing contained in Section 397(2) Cr.P.C. can limit or affect the exercise of inherent power by the ... (A) Criminal Procedure Code, 1973, S.397(2) & S.482 – Revision – Inherent Jurisdiction – Prabhu Chalwa’s case does not lay down an ... . instead of invoking the jurisdiction of the High Court u/s 482 Cr.P.C. even though both the courts has concurrent....
2000 0 Supreme(Bom) 124 • India - Bombay
VISHNU SAHAI, P.V.KAKADE
Section 482-Revision.-High Court can interfere in Revision under Section 482 of Code only in exceptional circumstances. ... Interference in a revision against acquittal as observed by the Apex Court, in para 7 of the judgment reported in A.I.R. 1962 Supreme ... Court does not interfere with it in a revision against acquittal at the#HL....
2012 0 Supreme(Ker) 629 • India - Kerala
C.T.RAVIKUMAR
Criminal Procedure Code, 1973, Sections 239 and 482 - Revision is not applicable in the preliminary stage and defense cannot be looked ... by filing petitions under section 482 Cr.P.C. for quashing the proceedings pending against each of them. ... of the Indian Penal Code and the petitioners in the other two revision petitions are charge sheete....
1996 0 Supreme(Mad) 1021 • India - Madras
KARPAGAVINAYAGAM
Code of Criminal Procedure, 1973-Sections 341 (2), 397, 401 and 482-Revision petition filed u/ss 397 and 401 can be treated as petition ... u/s 482. ... In our view, the right of appeal conferred by Sec.476 is enough, and there should be no further proceeding by way of revision against ... Being a civil revision petition, the inherent powers under Sec.482, Crl.P.C, has not been discussed there. ......
1976 0 Supreme(Mad) 666 • India - Madras
PUNNAYYA
Code of Criminal Procedure, 1973-Sections 246 (6), 397 (2) and 482-Revision against interlocutory order passed by Magistrate if barred-In ... vocation of inherent powers by the High Court to interfere. ... by the Magistrate and under section 397 (2),Criminal Procedure Code, revision is barred against such an interlocutory order. ... It is well-settled that section 397 (2), Criminal Procedure Code, debars a #HL_STAR....
2025 0 Supreme(All) 2488 • India - IN THE HIGH COURT OF ALLAHABAD
Raj Beer Singh, J.
Ordinarily, when revision has been barred by Section 397(3) of the Code, a person - accused/complainant - cannot be allowed to take recourse to the revision to the High Court under Section 397(1) or under inherent powers of the High Court under Section 482 of the Code since it may amount to circumvention ... Section 397(3) bars a second revision application by the same party. It is now well-settled that the inherent powers under Section 482 of the Code cannot be utilized for exercising powers which are ....
2021 0 Supreme(Raj) 33 • India - Rajasthan
MAHENDAR KUMAR GOYAL
way of revision petition. ... Confronted with this situation, learned counsel for the petitioner submitted that a petition under Section 482 Cr.P.C. can be filed instead of a revision petition under Section 397 where exceptional circumstances exist. ... There is no doubt that in respect of a final order, a court can exercise its revision jurisdiction-that is in respect of a final order of acquittal or conviction. There is equally no doubt that in respect of an interlocutory order, the court cannot exercise its ....
2021 0 Supreme(Raj) 284 • India - Rajasthan
MAHENDAR KUMAR GOYAL
way of revision petition. ... Confronted with this situation, learned counsel for the petitioner submitted that a petition under Section 482 Cr.P.C. can be filed instead of a revision petition under Section 397 where exceptional circumstances exist. ... There is no doubt that in respect of a final order, a court can exercise its revision jurisdiction - that is in respect of a final order of acquittal or conviction. There is equally no doubt that in respect of an interlocutory order, the court cannot exercise its #HL_STAR....
2025 0 Supreme(HP) 52 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr Justice Rakesh Kainthla, J
/law/78~S.482">Section 482 of the Criminal Procedure Code has to be exercised sparingly and such power shall not be utilised as a substitute for second revision. Ordinarily, when a revision has been barred under <a href=".. ... The High Court, exercising the power under Section <strong>482, dismissed the revision. But subsequently, on an application filed under Section 482 of the Code, the High Court corrected it. The question was whether the High Court was right in reviewing its order. ... Th....
2026 Supreme(Online)(Mad) 4768 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
Once the revision is dismissed, a subsequent petition under Section 482 Cr.P.C., before the High Court challenging the very same order would, in substance, amount to a second revision, which is specifically barred under Section 397(3) of Cr.P.C. ... Ravi ...Respondent Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to set aside the order passed by the Principal District and Sessions Judge, Chengalpattu in Criminal Revision Petition No.....
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