A crime committed against any person can seek recourse to criminal courts as per the provision provided under the Code of Criminal Procedure, 1973. Criminal proceedings initiate with the lodging of an FIR and are followed by investigation, inquiry, and trial, and then finally court reaches its judgment in order to impart justice to the parties but there may be a possibility that the party remains aggrieved with the judgment of the court and so CrPC provides the procedure of appeal means a party aggrieved with the judgment of the trial court can apply for an appeal and then appellate court according to it’s finding decide the case.
However, the appeal is not our inherent right rather it is a statutory right means a person not in any and every case can go in appeal rather can go only against those matters which are expressly either allowed under the Code of Criminal Procedure, 1973 or under any other law, the same is provided under section 372 of CrPC.
So, with the above discussion, we can conclude that there may be cases where the appeal not lies as there may be cases or matters not expressly provided against which the appeal lies.
So, in the matters against which the appeal not lies, there may be chances of miscarriage of justice and in order to prevent such miscarriage, the Code of Criminal Procedure, 1973 provides the provision of “REVISION”
Hence, this is clear that revision lies where appeal not lies. The provision of same is provided under section 397 to 407 CrPC. And according to these provisions, revision may lie to either the High Court or the Court of Session upon application of the party or even by suo-moto. A person is allowed to file only one application for revision either to the Court of Session or the High Court; if once such an application is made to one court, no further application by the same person shall be entertained by the other court.
Also, the revision does not lie against the interlocutory orders. Interlocutory orders are those orders which are passed during the pendency of proceeding and do not materially affect the merits of the case for example order of adjournment of proceeding, grant or cancellation of bail etc. are such orders which do not go to the root of matters. On the other side materials orders are those like order of discharge of the accused, dismissal of the complaint, taking or not taking of cognizance by Magistrate, are such orders which go to the roots of the matter and they affect the merits of the case. Therefore, against such orders revision may lie as against such orders appeal not lies.
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