Section 482 crpc application has any chance to conversion to criminal revision. What is the rule of court? Can court refuse to convert the 482 crpc application and on what ground? During the trial I moved an application under Section 319 of crpc which is allowed by the trial court and summoned Mr X as an accused. After more than two years Mr. X moved 482 application in the high court for quashing the order passed under section 319 crpc. That application is allowed by the high court and proceedings against Mr X have been dropped by the trial court. In the trial some evidence surfaced that Mr X is also involved in the crime. Then I moved that application. In this situation I have no other remedy to arrayed Mr. x in the crime.
Asked from: Uttar Pradesh
Prima facie, it seems that the order passed by the High Court is incorrect. The accused had the option to file a criminal revision under Section 397 of the Code of Criminal Procedure. Instead of filing a criminal revision, he moved an application under Section 482 which is not maintainable. An application under Section 482 CrPC cannot be converted into a criminal revision.
In the present situation, the accused must file a criminal revision under Section 397 CrPC. There is a specific provision under the Code of Criminal Procedure for the redressal of grievances arising from the order of the trial court. Hence, the aggrieved person cannot invoke the inherent power of the High Court under Section 482 CrPC.
According to Article 131 of the Indian Limitation Act, the limitation period prescribed for filing a revision in the High Court or Court of Sessions is ninety days. The accused filed an application under Section 482 after more than two years. Because the period of limitation for filing a criminal revision has lapsed. Since criminal revision was barred by limitation so he moved petition under 482 crpc because there is no limitation period for the petition under section 482 crpc. Therefore, the order passed by the High Court is illegal per se.
If the aggrieved person had moved a revision but, for some reason, that criminal revision was not maintainable, then the High Court has the power to treat that revision application as a petition filed under Section 482 CrPC.
However, the High Court has no power to treat a petition filed under Section 482 CrPC as a criminal revision because a limitation period is prescribed for the revision. Therefore, a petition filed beyond the limitation period cannot be admitted,
For the ends of justice, if there is no provision in the Code of Criminal Procedure, the High Court has the power to admit an application under Section 482 CrPC at any stage of the proceeding without regard to the limitation period. But in your case, the aggrieved person has the right to move revision hence, he cannot invoke provisions of section 482 crpc. Section 482 crpc application has rare chance of conversion into a revision.
You should move a Special Leave Petition (SLP) in the Supreme Court against the order of the High Court. Your SLP will be admitted, and I am confident that the Hon'ble Supreme Court will set aside the order of the High Court. For more legal help please visit Kanoon India.
