Monday, December 22, 2025

Criminal Revision — Abatement — Ss. 397, 401 Cr.P.C. There is no provision under the Code of Criminal Procedure providing for abatement of a criminal revision on the death of the revisionist. The principles governing abatement of appeals under Section 394 Cr.P.C. do not apply to criminal revisions. (Paras 10–12, 17–18)

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Criminal Revision — Abatement — Ss. 397, 401 Cr.P.C.

There is no provision under the Code of Criminal Procedure providing for abatement of a criminal revision on the death of the revisionist. The principles governing abatement of appeals under Section 394 Cr.P.C. do not apply to criminal revisions.
(Paras 10–12, 17–18)

Criminal Revision — Nature of jurisdiction

Revisional power is discretionary and supervisory in nature, exercised to test the correctness, legality or propriety of an order passed by a subordinate criminal court. It is not a right vested in a litigant and may even be exercised suo motu.
(Paras 13–15)

Revision — Death of revisionist — Effect

Once a criminal revision is entertained and a Rule is issued, ordinarily the revision must be heard and determined in accordance with law, whether or not the revisionist is alive or represented, particularly where the main criminal proceeding survives.
(Paras 13, 15(d), 17–18)

Appeal and Revision — Distinction

Appeal is a statutory right governed by express provisions relating to abatement and substitution. Revision stands on a different footing; absence of substitution provision does not result in automatic abatement.
(Paras 11, 13, 18)

Victim — Meaning — S. 2(wa) Cr.P.C.

The definition of “victim” under Section 2(wa) Cr.P.C. may be used as a guiding principle to determine whether a person has sufficient interest to assist the revisional court. A legal heir who inherits interest affected by the alleged crime is a victim.
(Paras 16, 18, 20)

Revision by accused — Death — Consequences

Where a revision is at the instance of an accused and arises out of an order passed during trial or against conviction, the revisional court may decline to proceed on death of the accused, as the trial or sentence itself would abate.
(Para 17)

Revision by informant / complainant — Death — Consequences

Where a revision is filed by an informant or complainant and the main criminal proceedings continue, the revision does not abate on his death and the revisional court may proceed to examine the impugned order.
(Paras 17–18)

Substitution in revision — No vested right

There is no statutory right of substitution in criminal revision proceedings. However, the revisional court has discretion to permit a victim or interested person to assist the court in furtherance of justice.
(Paras 18–20)

Held

Orders of the High Court dismissing the criminal revision as abated and rejecting the application of the appellant were unsustainable. Revision restored. Appellant permitted to assist the High Court as a victim.
(Paras 19–21)

B. ANALYSIS OF FACTS AND LAW (with Paragraph Numbers)

I. FACTS (Paras 3–5)

  1. FIR was registered on an application under Section 156(3) Cr.P.C. alleging offences under Sections 419, 420, 467, 468, 471, 120-B and 34 IPC (para 3).

  2. Sessions Court discharged the accused of all offences except Section 420 IPC (para 3).

  3. The informant filed Criminal Revision No. 1986 of 2020 before the High Court (para 3).

  4. During pendency, the informant died; his son sought to continue the revision (para 4).

  5. The High Court dismissed the revision as abated and rejected recall application (paras 4–5).

II. ISSUE — ABATEMENT OF CRIMINAL REVISION (Paras 10–12)

The principal issue was whether a criminal revision abates on death of the revisionist in absence of a statutory provision similar to Section 394 Cr.P.C.

III. LAW ON ABATEMENT (Paras 10–11)

  1. Abatement in criminal law ordinarily arises where the accused dies, resulting in termination of trial or appeal (para 11).

  2. Abatement signifies termination without adjudication on merits and depends on the nature of proceedings (para 10).

IV. DISTINCTION BETWEEN APPEAL AND REVISION (Paras 11–13)

  1. Appeal is a statutory right; abatement and substitution are expressly governed by statute (para 11).

  2. Revision is discretionary and supervisory; no provision exists either for substitution or for abatement (paras 12–13).

V. NATURE OF REVISIONAL POWER (Paras 13–15)

  1. Revisional power exists to ensure legality, propriety and correctness of subordinate court orders (para 15(e)).

  2. The revisionist merely invites the Court’s attention; jurisdiction exercised is that of the Court (para 15(c)).

  3. Once a Rule is issued, the Court is ordinarily bound to decide it on merits (para 15(d)).

VI. LOCUS AND ROLE OF VICTIM (Paras 16, 18)

  1. Strict rules of locus do not apply to criminal revisions (para 16).

  2. To prevent abuse, the definition of “victim” under Section 2(wa) Cr.P.C. may guide the Court (para 16).

  3. Victims are appropriate persons to assist the revisional court (para 18).

VII. APPLICATION TO PRESENT CASE (Paras 17–20)

  1. Revision was filed by the informant, not by the accused (para 17).

  2. Trial against the accused was still pending (para 19).

  3. The appellant, as legal heir, inherited interest in the property and thus qualified as a victim (para 20).

  4. High Court erred in treating the revision as abated and in refusing to allow the appellant to assist (paras 19–20).

VIII. CONCLUSION / RATIO (Paras 21–22)

  1. Criminal revision does not abate on death of the revisionist by default (para 19).

  2. High Court retains discretion to proceed with revision and permit victim participation (paras 18–21).

  3. Impugned orders set aside; revision restored for decision on merits (para 21).

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