Criminal Revision Petition under Section 438 BNSS, 2023

Case/FIR No.: ____________
Police Station: ____________
Impugned Order dated: ____________

IN THE MATTER OF:

Name of Revisionist
Full address
...REVISIONIST/PETITIONER

VERSUS

State of ____________
Through State/Prosecution authority

Private Respondent, if necessary
Address
...RESPONDENT(S)

CRIMINAL REVISION PETITION UNDER SECTION 438 READ WITH SECTION 440 / SECTION 442 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

AGAINST THE ORDER DATED ____________ PASSED BY THE LEARNED ____________ IN CASE NO. ____________

MOST RESPECTFULLY SHOWETH:

1. That the present revision is directed against the order dated ____________ passed by the Learned name/designation of court in case/FIR/complaint number, whereby the Learned Court briefly state operative effect of impugned order.

2. That the Revisionist is complainant/informant/accused/other affected person and is aggrieved by the impugned order because briefly state prejudice and legal error.

3. That the material facts leading to the impugned order are as follows: chronological facts in short numbered paragraphs.

4. That, where the matter arises from an FIR/police report, FIR No. ____________ dated ____________ was registered at Police Station ____________ for the alleged offences under BNS / other applicable penal law sections.

5. That after investigation, the investigating agency filed charge-sheet/final report/closure report/other police report dated ____________ before the Learned Magistrate.

6. That the Learned Trial Court thereafter passed the impugned order dated ____________. The relevant operative portion is reproduced/summarised as follows: ____________________________________________.

7. That the impugned order is contrary to law and the record for the grounds set out below.

GROUNDS

1. Because the impugned order suffers from jurisdictional error. The Learned Court exercised jurisdiction not vested in it / failed to exercise jurisdiction lawfully vested in it inasmuch as state precise error.
2. Because relevant material was ignored. The Learned Court failed to consider specific document/evidence/submission which had a direct bearing on the issue.
3. Because irrelevant considerations were relied upon. The finding at paragraph ____ proceeds on state irrelevant or legally impermissible consideration.
4. Because the procedure adopted caused material prejudice. The Revisionist was denied notice/hearing/opportunity mandated by the applicable procedure, resulting in failure of justice.
5. Because the finding is legally unsustainable. The conclusion that state finding is inconsistent with the governing statutory provision and the material on record.
6. Because the order is non-speaking / inadequately reasoned. The material objections at identify submissions have not been dealt with.
7. Because the order results in manifest illegality, impropriety or irregularity warranting revisional interference under Section 438 BNSS.

8. Maintainability. The impugned order is not a purely interlocutory order barred by Section 438(2) BNSS and the present revision is maintainable for the following reasons: ____________________________________________.

9. No second revision. The Revisionist states that no revision application by the Revisionist against the same impugned order has previously been filed before the other revisional forum, subject to the following disclosure, if any: ____________________________________________.

10. Limitation. The impugned order was passed on ____________. The present petition is within limitation / is accompanied by an application for condonation of delay setting out sufficient cause.

11. That no other proceeding seeking substantially identical revisional relief is pending, except state details, if any.

PRAYER

In view of the facts and grounds stated above, it is respectfully prayed that this Hon'ble Court may be pleased to:

a. call for the record of case/proceeding from the Court of the Learned ____________;

b. examine the correctness, legality and propriety of the impugned order dated ____________;

c. set aside / modify the impugned order and pass such consequential direction, including remand or further inquiry where legally permissible, as the facts require;

d. pending disposal of the revision, suspend the operation/execution of the impugned order or grant such interim protection as is permissible in law; and

e. pass any other order deemed just and proper in the interests of justice.

REVISIONIST/PETITIONER

THROUGH COUNSEL

Advocate: ____________

Place: ____________
Date: ____________

VERIFICATION

I, name of Revisionist, the Revisionist above named, verify that paragraphs ____ to ____ are true to my knowledge, paragraphs ____ to ____ are based on records/legal advice believed to be true, and that nothing material has been concealed.

Verified at ____________ on ____________.

REVISIONIST

AFFIDAVIT

I, name, aged about ____ years, son/daughter/spouse of ____________, resident of ____________________________________________, do hereby solemnly affirm:

1. I am the Revisionist in the accompanying criminal revision petition and am acquainted with the facts and competent to swear this affidavit.

2. The accompanying revision petition has been prepared under my instructions. Its factual contents are true to my knowledge and record, and legal submissions are based on advice received and believed to be correct.

3. The annexures filed with the petition are true copies of their respective originals / electronic records, subject to the applicable rules of the Court.

4. I have disclosed any other proceeding concerning the same impugned order in the revision petition.

DEPONENT

VERIFICATION OF AFFIDAVIT

Verified at ____________ on this ____ day of ____________, 20__, that the contents of this affidavit are true and correct to my knowledge and belief and nothing material has been concealed.

DEPONENT