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Powers of High Court agains the revision allowed by Sessions Court


22-Sep-2023 (In Criminal Law)
I filed criminal case against 4 persons . 2 out of the 4 accused filed revision petition in Sessions court against the summons issued by the trial court under section 397. Their revision petition was accepted by sessions court and the two accused got their names removed from the trial. I want to appeal against this in High court. Under which section or code should I do this. Also is there any specific time limit for doing this. Will there be a stay on the trial in the trail court as the trial is still continuing on the remaining two.
Answers (4)

Answer #1
933 votes
Hi yes u can appeal in the high court and all let me us know what is the stage and all in the case what is the stage and what are the witnesses and all what is the names And all documents and all which were been present and all what else what orders do u need and all
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Advocate Yash Karan Jain

Adv. Yash Karan Jain

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Answer #2
637 votes
Hello client hru. As I have read Ur query as per which you wish to file an appeal in high court. Against the revision petion order of session court for the discharge of name from the summon which is been issue by the magistrate court against the 4 person against whom you have filled a criminal complaint out of 4 two got successful ok deleting there name from revision petition in session court. Yes you can move to high court under CRPC provisions and get there names added again in the trail court yes high court will not grant stay in the trail court proceedings.and there is the time limit of 60days for appeal in high court.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

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Answer #3
809 votes
Criminal Writ Petition under article 227 of The Constitution of India read with section 482 of Criminal Procedure Code. Need to analyse complaint in details to decide actual position of law to decide correct course of action.
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Advocate Atul Kumar

Adv. Atul Kumar

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Answer #4
649 votes
Dear Sir/Ma'am, There does not lie an appeal against the Order of Revision passed under Section 397 of Code of Criminal Procedure, 1973 by the Sessions Judge. The appropriate remedy would be to file an Application under Article 227 of the Constitution of India before High Court to quash the Order of the Sessions judge passed under Section 397. There is no time limit specified as such to file a Writ Petition under Article 226/227 of the High Court. However, it is advisable to approach the High Court ass soon as the Order is passed by the Sessions Court exercising Revision Jurisdiction.
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Advocate Tanya Shree

Adv. Tanya Shree

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