Published on: 31 December 2022 at 22:57 IST
Court: Supreme Court of India
Citation: Asghar Khan v. State of U.P. 1981
Honourable Supreme Court of India has held that a person can either approach the Hon’ble Court of Sessions or Hon’ble High Court of the State to seek the remedy of Revision assailing a final order under the aegis of Section 397 of the Code of Criminal Procedure, 1973.
However, the provision of Revision can be exercised only once that is either before the Hon’ble Court of Sessions or Hon’ble High Court of the State which means if the Revision is exercised before the Hon’ble Court of Sessions then it cannot be exercised again before the High Court against the same final order. Revision’s Revision is not allowed under the law.
3. The only bar contained in sub-section (2) of Section 397 of the Code is that no revision shall be exercised in relation to an interlocutory order passed in any appeal, inquiry, trial or other proceeding. In the instant case, indisputably the order passed by the Sessions Court was a final one. Therefore, Section 397(2) of the Code would have no application.
Thus, sub-section (3) of Section 397 as indicated above, applies only in a case where an application in a revision has been filed either before the Sessions Judge or the High Court and either of them have exercised the power, so that no further revision would lie to the High Court. In the instant case, sub-section (3) has no application.
Drafted By Abhijit Mishra