CRIMINAL REVISION (Sec. 397 to 405)

In Criminal revision legality and the correctness of the propriety of any finding, sentence of order or the regularity of any proceeding can be questioned by the High Court or the session's judge suomotu or on the application made to it or him under sec. 397 and sec. 398 of the Cr P.C., 1973. 

Sec 401 deals with the revisional power of the High Court, and sec.399 and 400 respectively deal with the power of revision of the session judge. Sec. 397 Cr P.C. congers on the High Court or a session Judge the power of Superintendence by calling for and examining the record of any proceeding before any inferior Criminal court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself of himself of himself; 

(i) As the correctness, legality or propriety of any finding, sentence or order; and 

(ii) As to the regularity of any proceeding of such inferior court and may, when calling for such record, direct that the executing of any sentence or order be suspended and, if the accused is in conferment, that he be released on bailor on his own bond pending the examination of the of the record. 

All Magistrate, whether executive of Judicial and whether exercising original or appellate Jurisdiction shall be deemed to be inferior to the session judge for the purposes of sub-section (1) of sec.397 and sec.398 The powers of revision conferred shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. 

But, I an application under sec. 397 has been made by any person either to the High Court or to the session Judge, no further application by the same person shall be entertained by the other of them. Sec. 397 (3) is to prevent a multiple exercise or revisional power and to secure early finality to order any person aggrieved by and order of an inferior Criminal Court is given the option to approach. either the sessions judge or the High Court and once he exercises the option he is precluded from invoking the revisional jurisdiction of the other authority. When a revision petition is dismissed by the sessions Judge the order is final and no second revision petition lies before the High Court. 

Distinction Between Appellate and Revisional Jurisdictions 

a. Appeal is a statutory right given to the appellant which he can demand from the Court either on a question of fact or on a question of law or upon both. In revision the applicant has no statutory right beyond inviting the attention of the court. The court has a discretion to exercise its revisional power or not. 

b. In appeal the High Court decides both on question of law and fact, in revision it only decides or adjudicates on a question of law and fact, in revision it only decides or adjudicates on a question of law; but it may, for the ends of justice, enter into questions of fact. 

c. In appeal the High Court can convert an acquittal into conviction and Vice-versa, but in revision it cannot convert a finding of acquittal into one of conviction