Has the verdict for your criminal case been given unjustly, or unlawfully by a subordinate court, and wish to know what legal remedies are available for you?
If you believe that the case you’ve been involved in has reached an unfair verdict, you can file an application for revision with the concerned High Court, provided that there is no appeal against the case currently, and when the subordinate court has exceeded, or not exercised its jurisdictional power.
Criminal Revision Petition
To rectify any improper exercise of jurisdictional power by an inferior, subordinate court, a higher court is granted the power of revision, wherein an examination can be conducted to verify the legality, correctness, or propriety of any proceeding. While the record is being examined, the High Court may direct the sentence or order to be suspended. If the accused is behind bars, bail may be granted, or he may be released on a bond. The power of revision cannot be exercised on any interim or interlocutory order, that’s passed in an inquiry, appeal, trial, or any other proceeding. If a party has already applied for a criminal revision pertaining to the same case, or if the case has a pre-existing appeal against it, the High Court will not entertain the application, to prevent any overlap and interference. In special circumstances, a revision can be converted into an appeal, if it is filed within the limitation period, as construed from the date of filing of the appeal or revision petition.
Applying for A Revision Petition
According to Article 131 of the Limitation Act, this type of revision petition needs to be filed within a ninety-day period from when the order or decree was passed by the subordinate court. If there is a delay, you can apply for a petition under the provisions of Section 50 of the Act, provided you have a good reason for exceeding the limitation period. A revision petition can only be filed with and enforced by the High Court of the State. The High Court may exercise its revisional power either by “Suo Moto”, or on receiving an application from the concerned party. The petition is granted only at the High Court’s discretion, which may decide to revise the case if illegal or erroneous procedures, or extrajudicial activity, are discovered. Before the High Court exercises its power of revisional jurisdiction, several factors will be considered, including but not limited to, the presence of an alternate remedy, to prevent the misuse of this authority, and make it applicable for necessary cases only.
Legal counsel is well-versed with all the legal formalities and solutions associated with criminal revision petitions. If you feel that our services would be of use to you, don’t hesitate to contact us.