What Kind of Orders Can Be Challenged in a Criminal Revision Petition in High Court?

A criminal revision petition is a supervisory remedy available under the Criminal Procedure Code, 1973 (CrPC) which allows a higher court—most commonly the Sessions Court or the High Court—to examine the correctness, legality, or propriety of orders passed by lower criminal courts. This provision acts as a crucial check to prevent miscarriage of justice when no appeal lies against an order.

The direct answer to your question is: orders passed by subordinate criminal courts that are not appealable but which are illegal, improper, or suffer from jurisdictional errors can be challenged in a criminal revision petition before the Sessions Court or the High Court under Sections 397 to 401 of the CrPC.

Let us now examine the concept in depth.

1. Legal Framework for Criminal Revision Petitions

Primary Provisions: Sections 397, 398, 399, 400, and 401 of the CrPC.
Objective: To confer powers upon superior courts to examine the correctness, legality, or propriety of findings, sentences, or orders passed by inferior criminal courts.
Nature: It is not an appeal but a supervisory jurisdiction to prevent miscarriage of justice.

2. Definition of “Order” in Criminal Proceedings

Unlike the CPC, the CrPC does not specifically define “order,” but it encompasses:

Interlocutory orders
Final orders
Sentences
Directions given during inquiry or trial
Any order passed by a magistrate or criminal court in the exercise of its powers under the CrPC may be subject to revision if it fulfills the criteria under Sections 397–401 CrPC.

3. Powers of High Court and Sessions Court in Revision

Section 397 CrPC:
- Empowers the High Court or the Sessions Judge to call for and examine the record of any proceeding before any inferior criminal court for the purpose of satisfying itself about the correctness, legality, or propriety of any finding, sentence, or order.
- This can also include the regularity of proceedings.
Section 401 CrPC:
- Gives the High Court all the powers of an appellate court while dealing with revisions.
- However, the revisional court cannot convert an acquittal into a conviction.

4. General Rule – Which Orders Can Be Challenged

A criminal revision petition may challenge:

Final Orders – Orders that dispose of the case.
Interlocutory Orders (Limited Scope) – Orders passed during the pendency of trial or inquiry, which substantially affect the rights of the accused or the prosecution.
Orders with Jurisdictional Errors – Orders passed without jurisdiction, in excess of jurisdiction, or with material irregularity in procedure.

5. Kinds of Orders That Can Be Challenged in a Criminal Revision Petition

(A) Orders of Conviction or Sentence When No Appeal Lies

If a person is convicted but the sentence imposed is so minor that no appeal lies (e.g., imprisonment up to three months with fine), he can file a criminal revision petition to challenge the conviction or sentence.
This prevents a miscarriage of justice for minor cases where the statutory right of appeal is absent.

(B) Orders of Acquittal Where Complainant Cannot File an Appeal

Section 401(4) CrPC bars a party who could have appealed from filing a revision, but where appeal is not allowed, revision can be filed against an acquittal order to request further inquiry or proceedings.

(C) Orders of Discharge

Orders discharging an accused before framing of charge (under Sections 239 or 245 CrPC) can be challenged in revision if the complainant or prosecution feels the discharge was improper or illegal.

(D) Orders Rejecting Complaints or FIRs

Orders dismissing a complaint under Section 203 CrPC (after considering statements and inquiry under Section 202 CrPC).
Orders refusing to take cognizance of an offence under Section 190 CrPC.
Such orders can be revised by the High Court or Sessions Court.

(E) Orders Framing or Refusing to Frame Charges

Though generally considered interlocutory, courts have allowed revision petitions against orders framing charges if there is a grave miscarriage of justice or if charges are framed without prima facie evidence.
Example: Framing a charge for an offence not disclosed in FIR or complaint.

(F) Orders Granting or Refusing Bail (Limited Circumstances)

Bail orders are technically interlocutory but can be revised if the order is perverse, arbitrary, or passed without jurisdiction.
E.g., granting bail contrary to statutory bar under Section 437(1) CrPC.

(G) Orders Under Section 125 CrPC (Maintenance)

Orders granting or refusing maintenance, interim maintenance, or enhancement of maintenance are frequently challenged by revision in Sessions Court or High Court.
Example: Husband challenges quantum of maintenance awarded; wife challenges dismissal of her application.

(H) Orders Under Special Criminal Laws

Orders passed under the Protection of Women from Domestic Violence Act, Juvenile Justice Act, NDPS Act, SC/ST (Prevention of Atrocities) Act, etc., if not appealable, can be challenged through revision under CrPC provisions.

(I) Orders in Inquiry Proceedings

Orders summoning witnesses.
Orders refusing to issue process under Section 204 CrPC.
Orders about the admissibility of evidence or documents if they substantially affect the rights of the parties.

(J) Orders in Execution or Implementation of Sentences

Orders regarding forfeiture of bonds, sureties, or confiscation of property.
Orders refusing remission or suspension of sentences in some cases.

6. Orders That Cannot Be Challenged in a Criminal Revision Petition

Purely Interlocutory Orders:
Section 397(2) CrPC bars revisions against interlocutory orders. Examples:
- Orders summoning accused under Section 204 CrPC.
- Orders granting adjournment.
- Orders allowing or refusing to recall a witness.
- Orders about issuance of summons or bailable warrants.
Finding of Facts:
The revisional court cannot reappreciate evidence like an appellate court unless it leads to jurisdictional error or manifest illegality.
When Appeal Lies:
If an appeal is provided under the CrPC, revision cannot be filed.

7. Judicial Precedents Explaining Scope of Revisional Jurisdiction

Amar Nath v. State of Haryana (1977) 4 SCC 137:
The Supreme Court held that the term “interlocutory order” in Section 397(2) CrPC means orders of a purely interim or temporary nature which do not decide or touch the important rights of the accused.
Madhu Limaye v. State of Maharashtra (1977) 4 SCC 551:
Clarified that some orders, though interlocutory, can still be challenged in revision if they substantially affect the rights of parties or if allowing them to stand would lead to injustice.
Krishnan v. Krishnaveni (1997) 4 SCC 241:
The Supreme Court held that even after the Sessions Court exercises revision power, the High Court can exercise its power under Section 401 read with Section 482 CrPC to prevent abuse of process of court.

8. Difference Between Appeal and Revision in Criminal Matters

Aspect	Appeal	Revision
Nature	Statutory right	Discretionary supervisory power
Scope	Re-examines facts and law	Examines legality, propriety, and jurisdiction only
Who Can File	Accused or prosecution as per CrPC	Aggrieved party or even suo motu by High Court/Sessions Court
Outcome	Can substitute findings of lower court	Usually remands, sets aside, or modifies to correct illegality

9. Practical Examples of Orders Commonly Challenged Through Criminal Revision

Dismissal of a complaint under Section 203 CrPC.
Acquittal of accused when no appeal lies.
Conviction with minor sentence where appeal not allowed.
Rejection of an application for interim maintenance under Section 125 CrPC.
Refusal to summon additional witnesses.
Order discharging accused or dropping proceedings.

10. Procedure for Filing a Criminal Revision Petition

Identify the Correct Forum: Sessions Court or High Court depending upon the order.
Drafting the Petition: Clearly state the facts, the impugned order, grounds showing illegality, impropriety, or irregularity.
Certified Copies: Attach certified copies of the impugned order and lower court proceedings.
Limitation Period: Usually 90 days from the order under Limitation Act.
Hearing: The revisional court may call for the record, issue notice, and after hearing parties, may pass an appropriate order.

11. Reliefs Available in Criminal Revision

The revisional court may:

Set aside the order of the lower court.
Modify the order or remand the matter back.
Order retrial or further inquiry.
Enhance or reduce the sentence (subject to hearing the accused).
Pass any order to secure the ends of justice but cannot convert acquittal into conviction (Section 401(3) CrPC).

12. Practical Tips for Filing a Criminal Revision

Make sure no appeal lies under CrPC before filing revision.
Show specific illegality or impropriety in the order, not just dissatisfaction.
Do not expect the revisional court to rehear the entire case.
Mention case laws supporting maintainability of revision against that type of order.

13. Conclusion

To sum up, a criminal revision petition can challenge orders passed by subordinate criminal courts which are not appealable but which suffer from illegality, impropriety, or jurisdictional error under Sections 397 to 401 CrPC. Such orders may include discharge orders, dismissal of complaints, minor convictions, orders in maintenance proceedings, refusal to take cognizance, or orders framing charges in exceptional circumstances. However, purely interlocutory orders or orders where an appeal lies cannot be challenged in revision.

The revisional power of the High Court or Sessions Court is an important supervisory mechanism to ensure that lower criminal courts act within the limits of law and that justice is not frustrated due to technicalities or procedural irregularities. This remedy provides a crucial safeguard against wrongful or illegal orders and helps uphold the rule of law in criminal adjudication.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304