AI Overview...
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Criminal Revision Petitions Not Always Maintainable - Many cases highlight that criminal revision petitions are not maintainable against interlocutory or purely procedural orders, especially when specific statutory provisions restrict appeals or revisions (e.g., Sections 397(2), 14A, 372, 385). For instance, orders deemed interlocutory or not final are often excluded from revision jurisdiction, and the courts emphasize adherence to statutory limits to prevent frivolous or unnecessary revisions Soni Bhagvandas Narbheram VS Binduben Gulabrai - Crimes, Rupa Jena alias Upendra Jenas VS Tapai Swain - Crimes, MOHAMMED KALEEM AHMED vs NATIONAL INVESTIGATING AGENCY - Karnataka, Rakesh Saw @ Sahu @ Rakesh Kumar Sahu VS State of Jharkhand - Crimes.
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Scope of Revision and Interference by Courts - Courts generally avoid interfering with orders unless a clear perversity, illegality, or violation of principles of natural justice is established. The courts recognize that if two plausible views exist on evidence, the one favoring the accused should be preferred, underscoring the limited scope of revision to correct only apparent errors or illegality, not to reappreciate evidence DHARMENDRAKUMAR @ SANJAY VIJAYNARAYAN MISHRA VS STATE OF MAHARASHTRA - Bombay, State of Uttar Pradesh VS Awdhesh - Crimes.
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Principle of Possible Views in Criminal Cases - The doctrine that if two reasonable views are possible from the evidence—one favoring guilt and the other innocence—the view favoring the accused should be adopted, limits the scope of revision and appellate interference. This principle aims to prevent unwarranted overturning of acquittals or convictions based solely on differing interpretations of evidence State of Uttar Pradesh VS Awdhesh - Crimes.
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Expeditious Disposal and Procedural Directions - Courts emphasize the importance of expeditious disposal of criminal matters, directing lower courts to decide bail petitions and appeals promptly, within reasonable periods, to uphold the integrity of criminal justice system PRAFULLA CHANDRA GHADEI VS UNION OF INDIA - Orissa.
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Legal Principles on Orders and Finality - Orders that are not final or are interlocutory generally cannot be challenged via revision, and the courts uphold the importance of following statutory procedures. The distinction between final and interlocutory orders is crucial in determining the maintainability of revision petitions Soni Bhagvandas Narbheram VS Binduben Gulabrai - Crimes, Rupa Jena alias Upendra Jenas VS Tapai Swain - Crimes, MOHAMMED KALEEM AHMED vs NATIONAL INVESTIGATING AGENCY - Karnataka.
Analysis and Conclusion
The overarching insight from these sources is that criminal revision petitions are limited in scope and are not available for challenging interlocutory, procedural, or non-final orders unless specific legal provisions explicitly provide for such. Courts prioritize the principles of legal certainty, proper statutory adherence, and the avoidance of unnecessary interference in judicial decisions. The doctrine that Two Views are Possible, Criminal Revision Petition Does Not Lie is supported by the principle that courts should not disturb findings or orders unless there is a clear illegality or perversity, emphasizing restraint and adherence to legal standards in criminal revision jurisdiction.
Search Results for "Simply because Two Views are Possible Criminal Revision Petition does Not Lie"
• India - Crimes
J.N.BHATT
(Para 10) ... Result - Petition allowed. ... Section 452 - Disposal of case - Property at conclusion of trial - Requirement of notice to the party likely to be affected though not ... conviction of accused trial court directed for return of property to the complainant/opponent No.1 - Petitioner, a goldsmith, was not ... . - The present Revision Petition is directed against the Judgment and Order passed by the Learned Additional Sessions Judge, Jamnagar on 26-7 -1983 in a Criminal Appea....
• India - Crimes
B.N.MISRA
against-Is the order void simply because the reasons are not disclosed in the order? ... (No)-Result-Revision dismissed. (Paras 7 and 8) ... ... -Order of attachment of subject of dispute and appointment of Receiver-Material on record showing the case was on of emergency- Revision ... It is neither advisable, nor possible, to make a catalogue of orders to demonstrate which kinds of orders would be merely, purely or simply interlocutory and which kinds or orders would be final, and th....
• India - Crimes
DILIP B.BHOSALE, RAMESH SINHA, YASHWANT VARMA
principles of statutory construction, override any other general enactment which may govern investigation, enquiry and trial of criminal ... principles—Legislative intent appears to be construction of an all-embracing statute which would deal with all possible issues that ... ousted by Section 14A, they cannot be invoked in cases and situations where an appeal would lie under Section 14A—Insofar as powers ... Our conclusion on this subject is that while the appellants might have an entitlement (not a right) to file a #HL....
2014 0 Supreme(Mad) 4466 • India - Madras
S.NAGAMUTHU
revision petition and thereby render justice – Held, In so far as present case is concerned explanation to Rule 14(b) indicates ... that it is not exhaustive but it specifies certain instances which would explain term involvement in a criminal case - In any event ... employment as well - Most of accused implicated in these false cases hail from poor strata of society for whom some hearts bleed - Petition ... At the outset, the learned Additional Public Prosecutor raised objections regarding the maintain....
2025 Supreme(Online)(Kar) 31649 • India - Karnataka High Court
M.NAGAPRASANNA, J
IPC was an order challengeable before the High Court in a revision under Section 397(1) of the Code?. The High Court held that a revision petition was not maintainable in view of the interdiction in Section 397(2), by qualifying the order impugned as an interlocutory order. ... Section 2 1(2) of the NIA Act, wherein three months time has been stipulated for appeals, will hear and dispose of the petition, as far as possible, within the said period. ... Section 372 says that no appeal s....
2019 0 Supreme(Bom) 332 • India - Bombay
A.S.OKA, A.S.GADKARI
perverse simply because another view is possible no interference can be made by overturning Order of acquittal and converting same ... offence there cannot be any interference in appeal against acquittal unless Appellate Court comes to a conclusion that is only view possible ... Appellate Court possesses a powers to dismiss an appeal summarily - Sub-section (1) of 385 provides that if Appellate Court does not ... If the Appellate Court finds that the Trial Court has appreciated the evidence in right perspective and recor....
2013 0 Supreme(Bom) 1372 • India - Bombay
S.C.DHARMADHIKARI, S.B.SHUKRE
in accordance with law as expeditiously as possible and within a period of months from the date of receipt of a copy of this order ... The Criminal Appeal No.136/2011 is restored to the file of the Court of Sessions for Greater Mumbai at Sewree and it shall be decided ... Final Decision: The order of the learned Additional Sessions Judge impugned in this Writ Petition cannot be sustained. ... It is not necessary to go into those reasons again in view of the amendment made in S.415. The difference in the two#HL....
• India - Crimes
AFTAB ALAM, ARIJIT PASAYAT, P.SATHASIVAM
of criminal justice. ... nbsp;Finding of the Court : ... View taken by the High Court being a possible ... ... (c) Criminal Trial – Proof – What degree of probability amounts ... The golden thread which runs through the web of administration of justice in criminal case is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be a....
1996 0 Supreme(Ori) 108 • India - Orissa
P.K.MISRA
Judge, Bhubaneswar, as expeditiously as possible. ... Final Decision: The court directed that the bail petition of the petitioner be considered on merit by the 2nd Additional Sessions ... I, therefore, direct that the bail petition numbered as Criminal Misc. Case No. 427 of 1996 shall now be considered on merit by the 2nd Additional Sessions Judge, Bhubaneswar, as expeditiously as possible. The Criminal Miscellaneous Case is disposed of accordingly. Order accordingly. ... Cr....
• India - Crimes
SUJIT NARAYAN PRASAD, RONGON MUKHOPADHYAY, RAVI RANJAN
being committed to it and as such, decision since is to be passed either by way of a judgment, sentence or order, admittedly order not ... Act and accordingly, the criminal revision application has been held to be not maintainable and the same had been dismissed. ... As such, considering the objects and reasons of the NIA Act and its relevant provisions, we are of the view that the petition for challenging the order rejecting the discharge petition would not be mainta....
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