What is High Court's powers of revision? What is Power of High Court to withdraw or transfer revision cases? Section 401 and 402 of Code of Criminal Procedure 1973
High Court's powers of revision and Power of High Court to withdraw or transfer revision cases are defined under Section 401 and 402 of CRPC 1973. Provisions under these sections are:
Section 401 of CRPC "High Court's powers of revision"
(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Sections 386, 389, 390 and 391 or on a Court of Session by Section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided Section 392.
(2) No order under this section shall be made to the
prejudice of the accused or other person unless he has had
an opportunity of being heard either personally or by plead
in his own defence.
(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
Section 402 of CRPC "Power of High Court to withdraw or transfer revision cases"
(1) Whenever one or more persons convicted at the same trial
makes or make application to a High Court for revision and
any other person convicted at the same trial makes an
application to the Sessions Judge for revision, the High
Court shall decide, having regard to the general convenience
of the parties and the importance of the questions involved,
which of the two Courts should finally dispose of the
applications for revision and when the High Court decides
that all the applications for revision should be disposed of
by itself, the High Court shall direct that the applications
for revision pending before the Sessions Judge be
transferred to itself and where the High Court decides that
it is not necessary for it to dispose of the applications
for revision, it shall direct that the applications for
revision made to it be transferred to the Sessions Judge.
REFERENCE AND REVISION
What is Reference to High Court? What is Disposal of case according to decision of High Court? What is calling for records to exercise powers of revision? Section 395, 396 and 397 of Code of Criminal Procedure 1973
What is option of Court to hear parties? What is statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court? What is High Court's order to be certified to lower Court? Section 403, 404 and 405 of Code of Criminal Procedure 1973
TRANSFER OF CRIMINAL CASES
What is Withdrawal of cases by Judicial Magistrate? What is Making over or withdrawal of cases by Executive Magistrates? Reasons to be recorded. Section 410, 411 and 412 of Code of Criminal Procedure 1973