criminal rivision under section 397 crpc

529 votes

yes you can file criminal session court section 397 for domestic violence it has t0 come from the lower court judgements are many possibility of domestic violence dismissal of petition quite possible they are under the domestic under rti act so we have to see whether dismissed

Advocate Spiti Sarkar LawRato

774 votes

on the above mentioned query the legal opinion of no. 1 is that husband files criminal revision in the hon'ble court of district judge against interim order of parent court in dv case. and if the court satisfied with the grounds against interim order then petition allowed and grant stay on the interim order. 2. we have related judgement but can't share 3. 70 % chances for not dismiss because you file criminal revision against interim order not for dismissal.

Advocate Ankit Gupta LawRato

956 votes

Hello sir you will have to provide documents and have to contest to the court through your counsel and against which order you have to move to the court after collecting aal the documents you can move criminal revision

LawRato LawRato

828 votes

Under BNSS (replacing old CrPC 397), a husband can file revision before Sessions Court against DV orders. Court interferes only if there is legal error or misuse of process. Strong RTI/DPO replies & contradictions can help in dismissal or modification. File within limitation & argue with evidence.”

Advocate Aishwarya Panday LawRato

638 votes

Dear Friend, Your query about filing a criminal revision under Section 397 CrPC in the Sessions Court against Domestic Violence (DV) orders is very important, and I can see you are already collecting grounds and RTI replies, which is good. But let me clarify the reality in simple words: What to take care of (for husband): Every revision petition must attack the legality and correctness of the lower court’s order, not just facts. Technical grounds are often more powerful than emotional grounds. A small procedural lapse by the Magistrate can change the entire case. Chances of dismissal: Yes, revisions can be dismissed if not drafted with precision. Many husbands file revisions themselves or with inexperienced counsel, and it gets thrown out. But with strong RTI replies, contradictions, and procedural violations, we can hit the case where it hurts the most. Judgments: There are numerous High Court and Supreme Court judgments where DV orders were set aside because of lack of evidence, improper procedure, or misuse of law. The key is citing the right case law with the correct context—not just random judgments. Ground reality: Revision is a technical remedy. Success depends not only on the merits of your case but on how the petition is framed, argued, and backed with documents. Many people waste years because their revision is not presented effectively. Now, why you need me: I regularly handle High Court, Sessions Court, and DV Act matters with strategies that work in real courts, not just on paper. I can frame your revision petition strongly, highlight the contradictions using your RTI replies, and ensure that your side of the story is presented powerfully. Importantly, I can do this from home via e-filing, online complaint portals, and even escalate it before the High Court if required. You will not have to run around. DV cases can crush a person mentally, financially, and socially. But with the right legal approach, the same law can be turned in your favor. If you really want results and not just suggestions, then connect with me—we will move smartly and effectively. Best Regards, Adv. Vaibhav Sangam Mishra Director & Attorney – Sangam & Sagar Law Office LLP

Advocate Vaibhav Sangam Mishra LawRato