Criminal Revision Application under Section 397 CrPC (India) by OLL
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Section 397: Challenging Improper framing of Charges or Irregular trial
Instructions for drafting
Parties to the Application:
The Accused / convict would be the Applicants herein; and the concerned State would be the Respondents, alongwith the complainant, if there was a prosecution on a private complaint.
Jurisdiction of Courts:
1. The Sessions Court and the High Court have concurrent jurisdiction. However, Sessions Court must first be approached, despite the fact that if the Applicant loses in the Sessions Court, he cannot file second Revision, although he may adopt any other legal remedy like Application u/s 482 of CrPC, 1973 or may invoke Writ jurisdiction or Article 227 jurisdiction of High Court.
2. For Sessions Court to exercise Revisional jurisdiction, the Magistrates Court must be situated within the local jurisdiction of the Sessions Court.
3. For High Court to exercise Revisional jurisdiction, the Magistrates Court must be within its jurisdiction, that is to say, the Magistrate Court must be situated in the State in which High Court exercises its jurisdiction.
Material facts to be pleaded:
1. The facts showing that “Charge” was not formally framed in respect of an offence, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant herein, in respect of the said offence, and, in fact, serious prejudice has been caused thereby to the Applicant herein.
2. The facts showing that there was error, omission or irregularity in the framing of charges in respect of an offence, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant herein, in respect of the said offence, and, in fact, serious prejudice has been caused thereby to the Applicant herein.
3. The facts showing that there was misjoinder of charges, in respect of certain offences, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant herein, in respect of those offences, and, in fact, serious prejudice has been caused thereby to the Applicant herein.
4. The facts showing that there was error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or there was error, or irregularity in any sanction for the prosecution, and failure of justice has in fact been occasioned thereby to the Applicant herein.
5. The facts showing that no valid charge could be framed against the Applicant herein, having regards to the facts of the case and having regard to certain facts stands proved.
Limitation period:
This is a preview. The full template is free on GitLaw.
This template is a formal application for a criminal revision in India under Section 397 of the Code of Criminal Procedure (CrPC). It is designed to challenge improper charge framing or trial irregularities in either the Sessions Court or the High Court. The document includes a standard structure featuring an index, verification clauses, the main application form, a vakalatnama for legal representation, and an affidavit in support of the application.
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About this template
What is this template?
This document is a formal court filing used to invoke the revisional jurisdiction of a Sessions Court or High Court in India. It contains a verification clause required by Section 297(2) of the CrPC and an index including a Proforma (Roznama) for tracking past court happenings. It is not an appeal, but a request to correct manifest legal errors or irregularities in a lower court's finding or sentence.
When should you use it?
Use this application when a Magistrate has passed an order involving error, omission, or irregularity in charges and the 90-day limitation period has not expired. Use a Section 482 Application or Writ jurisdiction instead if a second revision is sought after failing in the Sessions Court.
Who it's for
- an accused person seeking to quash a conviction due to misjoinder of charges
- a convict challenging an order passed with error, omission, or irregularity in framing charges
- a party seeking to stay the operation of an impugned judicial finding in Maharashtra
- an applicant filing for a new trial due to a failure of justice in previous proceedings
How long it runs and how it's signed
Law it's drafted under
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