Revision of complaint filed u/s 200 CrPC – scope of power of revision

[Imnindian Imnindian]

Dear Sir,

I had filed a criminal complaint u/s 200 CrPC in the cout of JMIC which came to be dismissed. Now i have filed a revision against the same in sessions Court. My question is: assuming i have valid grounds can the sessions court direct magistrate to take cognizance i.e overrule the magistrate’s orders or can it only point out the flaws in the order and ask magistrate to dispose of the petition keeping in mind the observations made.

Regards!!

[Dr. Ashok Dhamija]

A combined reading of Sections 399, 401 and 386 of Criminal Procedure Code shows that the revision court has the power to:

• alter or reverse the order;
• make any amendment or any consequential or incidental order that may be just or proper.

So, while entertaining the revision application against the order of the Magistrate refusing to take cognizance, the Sessions Court has the power to overrule the Magistrate’s order and can direct him to take cognizance. But, it is the discretion of the Sessions Court. And, in the facts and circumstances of the case, the Sessions Court can also give any other direction, if it considers that necessary.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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