Revision Petition u/s 397 CrPC - Free Template PDF India

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Revision Petition Under Section 397 of Code of Criminal Procedure

Are you seeking to challenge a lower court's order in a criminal case? Our Revision Petition Under Section 397 of Code of Criminal Procedure format provides a ready-to-use, customizable legal template to file a revision petition effectively in India.

What is a Revision Petition Under Section 397 of CrPC?

A Revision Petition under Section 397 of the Code of Criminal Procedure (CrPC) is a crucial legal remedy available to aggrieved parties in criminal proceedings. This provision empowers higher courts, such as Sessions Courts or High Courts, to examine the legality, propriety, or correctness of orders passed by subordinate criminal courts. It is not an appeal but a supervisory jurisdiction to prevent miscarriage of justice, correct jurisdictional errors, or address procedural irregularities. Whether you're the accused, complainant, or witness dissatisfied with a magistrate's decision, this Revision Petition format ensures your application is structured correctly for Indian courts.

Why is a Revision Petition Under Section 397 Format Important?

Filing a revision petition timely—within 90 days for High Court—is vital to avoid limitations. It safeguards against arbitrary or erroneous decisions that could lead to prolonged trials, wrongful convictions, or acquittals. Using a professional Revision Petition Under Section 397 sample minimizes drafting errors, complies with court formats, and strengthens your arguments. In India, where criminal cases often hinge on procedural adherence, this template saves time, reduces costs, and boosts success chances. Key benefits include:

Compliance with CrPC requirements.
Clear articulation of grounds for revision.
Ready in PDF/Word format for immediate use.
Customizable for specific case facts.

Key Elements of Revision Petition Under Section 397 of CrPC Format

Our legal template includes all essential sections for a comprehensive petition:

Court Details: Heading with the name of the revisional court (e.g., High Court of [State]).
Parties Involved: Petitioner (aggrieved party) and respondent details.
Case Reference: Original case number, court, and date of impugned order.
Facts of the Case: Concise narration of events leading to the lower court's order.
Grounds for Revision: Specific errors in law, fact, or procedure (e.g., lack of jurisdiction, perversity).
Prayer: Relief sought, like quashing the order or directing rehearing.
Affidavit: Supporting sworn statement.
Vacation/Stay Application: Optional interim relief.
List of Documents: Annexures like certified copies of orders.

This ready-to-use Revision Petition Under Section 397 format is drafted by legal experts to meet High Court and Sessions Court standards.

Who Should Use This Revision Petition Sample?

Ideal for:

Accused persons challenging discharge, bail denial, or framing of charges.
Complainants aggrieved by acquittals or inadequate summons.
Lawyers handling criminal revisions in districts across India. Common use cases: Quashing frivolous FIRs, correcting sentencing errors, or procedural lapses in trials under IPC, NDPS, or POCSO.

Download Your Customizable Revision Petition Under Section 397 Template Now!

Get instant access to our Revision Petition Under Section 397 of Code of Criminal Procedure format in editable Word or PDF. Customize it with AI tools or seek legal help for your unique needs. Perfect for quick filing in Indian courts.

Important Note: While this free download Revision Petition sample (premium version available) is a reliable starting point, consult a qualified lawyer for case-specific advice. Not legal advice. Explore related templates like Bail Application Format, Quashing Petition under 482 CrPC, or Criminal Miscellaneous Petition for comprehensive legal support.

REVISION PETITION UNDER SECTION 397 OF CODE OF CRIMINAL PROCEDURE

REVISION PETITION UNDER SECTION 397 OF CODE OF CRIMINAL PROCEDURE

IN THE COURT OF ADDITIONAL SESSIONS JUDGE:

Criminal Revision Petition No............................... 7200

FIR No:...........................

Police Station:..............................

Next date in Trial Court:..........................

In the matter of:

XYZ................................................................ Petitioner

versus

1. State

2. ABC

3. CDF....................................................... Respondents

REVISION PETITION UNDER SECTION 397 OF CRIMINAL PROCEDURE CODE, 1973 PRAYING FOR QUASHING AND SETTING ASIDE ORDER DATED............................ IN FIR NO......................... DATED........................... UNDER SECTION 154 OF CRIMINAL PROCEDURE CODE 1973 ON SUBMISSION OF FINAL REPORT UNDER SECTION 173, CRIMINAL PROCEDURE CODE, 1973 PASSED BY LEARNED METROPOLITAN MAGISTRATE,............................... CONSIGNING FILE TO RECORD.

Most Respectfully Showeth:

1. The petitioner had filed a Criminal Complaint under section 406 and section 420 read with section 120B of the Indian Penal Code against the Respondent which is pending before the trial court and is fixed for hearing on.................................. The said complaint filed by the petitioner against respondents is reproduced herein below:

1. "That the complainant is resident of......................................................... and is a peace loving citizen.

2. That the complainant had approached the Accused through one accused No. 2........................................................................................... ............................................................ for purchase of one property.........................

3. That therefore, after detailed negotiation between complainant and the accused through accused No. 2 the accused agreed to sell the property..........................................................................

4. That it is to state.............................. that the accused................................... had represented to the complainant that the Property number ............................................................. was of accused No. 1 and he was always ready and willing to sell his property.

5. That pursuant to the accused No. 1 agreeing to sell his property as represented by him to be.......................................................................... to the complainant, the complainant and accused No. 1 and 2 agreed amongst themselves that the complainant would pay a consideration of Rs..................................... to the accused as full and final consideration.

6. That thereafter the complainant paid on............................. and advance amount of Rs........................... as follows to the accused.

(i) Rs. 5, 00, 000/- as cash.

(ii) Rs. 50, 000/-....................... vide cheque No.................... dated ................................. drawn on.......................................... against the sale of second floor with complete terrace rights excluding one Servant Quarter for the first floor of property bearing No...............................................................................

7. That the above payment was made in the presence of accused No. 2 and through him and the accused No. 1 gave the complainant a receipt dated........................................... and the receipt clearly mentioned as follows:

"Receipt"

Received with thanks from Shri............................... resident of ............................................. a sum of Rs............ (Rs.......................... only) in cash and Rs............................... (Rs........................................... only) by cheque No. ................................. dated........................... on........................................................... as advance payment against the sale of my second floor with complete terrace rights of property bearing No...................................................................... measuring ................................... Minus one Servant Quarter of first floor.

The balance amount of Rs................................. (Rs................................. only) is to be paid on or before...................................

Sd/- "

That it is to state that accused No. 2 participated actually in the entire transaction and it is he who handed over money of complainant to accused No. 1 and also it was he who handed over receipt of the accused No. 1 to complainant.

8. That it is stated by the complainant that the accused No. 1 and 2 and he agreed that the entire balance amount of a sum of Rs. 40, 50, 000/- will be paid on or before........................................... and the same had been clearly mentioned in above receipt dated.........;.................................

9. That during the month of............................. when the complainant requested the accused...................................... to produce and show the original documents of the above said property he was fooled and no documents were shown to him. The complainant repeatedly requested the accused to show the original papers but all sorts of concocted stories were made by the accused and the papers were never shown to the complainant.

10. That thereafter on a fact finding by the complainant he came to know that the above said property belonged to one........................................ ..................................... and not the accused as stated by him and misrepresented by him.

11. That thereafter on further enquiry by the complainant he found out that the property No............................................................... which belonged to one....................................... was sold on............................ to............................ by the original owner of the property. To this effects a zerox copy of the sale deed is enclosed herewith.

12. That after knowing all these facts the complainant requested accused No. 1 and accused No. 2 to return the money back, but these people have not returned the money so far and thus cheated the complainant of the above said money.

13. That thereafter the complainant registered a complaint on.................... dated.............................. with the police station.......................................... to investigate the matter but till date no action whatsoever has been taken in the matter and no money has been paid to the complainant.

14. That all the accused have committed various offences under various sections of I. P. C. by mis-representing and thereafter dupinu the complainant of a sum of Rs.................................... The accused have thus committed offences under sections 420, 406 read with section 120-B of

I. P. C. particularly when they were not owners of the property in question.

2. That the Learned Metropolitan Magistrate issued the directions to the Station House Officer, Police Station........................ to register the case and investigate the matter vide order dated............................ Consequently the Station House Officer, registered a complaint on............................... vide ?FIR No................... and started investigation.

3. That the final report of investigation under section 173 Criminal Procedure Code from Station House Officer, Police Station, ......................................................... dated............................. was received by Learned Metropolitan Magistrate on..........................
..........................

4. That the Learned Metropolitan Magistrate on receipt of final report under Section 173 Criminal Procedure Code passed orders on.............................. as under:

"Case remain unsolved. No possibility of finding any accused in near future. It is an old case. File be consigned to record. "

Sd/-

..........................................

5. That the Learned Metropolitan Magistrate passed the above said impugned order without issuing any notice to the Complainant which is in violation of law.

6. That the impugned order of the Learned Metropolitan Magistrate dated....................... ordering consigning of file to record is bad in law and suffers

from patent illegality on the following amongst other grounds and is liable to be quashed and set-aside.

GROUNDS

A. That the Trial Court has failed to exercise its judicial discretion on the facts and circumstances of the case by ordering consigning of file to record without taking into account the facts and circumstances of the entire case.

B. That the Trial Court failed to give notice to the complainant before ordering consigning of the file to record and giving an opportunity of being heard.

C. That the impugned order of the Trial Court is against the principles of natural justice as per law laid down by High Court as well as Supreme Court where they have categorically held that the complainant must be heard.

D. That the findings of the Trial Court is against the law and weight of evidence on record.

E. That the Learned Trial Court failed to appreciate that the proceedings were initiated in the case on the basis of complaint, which was never dismissed and as such, there was no question of consigning the file to the Record Room. The opportunity to lead evidence ought to have been given. The court is not competent to close the case and consign it to Record Room without recording the evidence of the complainant.

The accused can be convicted in absentia even if there is sufficient evidence to proceed against them and if found guilty.

F. That the plea that the accused are not available is against the basic principle of law. The evidence has to be recorded and finding given. The case can be consigned to Record Room only after the trial is over. The accused can be arrested later when found.

The petitioner came to know of the said order of the Learned Metropolitan Magistrate only on............................... when he appeared before the trial court and was informed that the case was consigned to Record Room and the FIR has been cancelled.

PRAYER

It is therefore, prayed-

(i) that this Hon?ble Court may be pleased to call for the records, examine the same for the purposes of satisfying itself as to the correctness, legality and propriety and set aside the impugned order dated.....................

(ii) that the case be remanded to the trial court for further evidence in accordance with law and

(iii) that this Hon?ble Court may be pleased to pass such further order (s) as may do complete justice on the facts and circumstances of the case.

Petitioner

Through

Advocate for the Petitioner.

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Important Guidelines

A "Revision Petition under Section 397 of the Code of Criminal Procedure (Cr.P.C.)" is a legal document used to request a higher court, typically the High Court, to review and revise a lower court's decision in a criminal case. Here's a guideline for drafting such a petition and

Common Mistakes to Avoid:

Heading: Begin with court details, case name, and parties involved.

Introduction: Clearly state that the petition is being filed under Section 397 of the Cr.P.C. to seek the revision of a lower court's decision.

Case Details: Include the case number, lower court's details, and specifics of the decision being challenged.

Grounds for Revision: Clearly outline the legal and factual grounds on which the revision is sought, such as errors in judgment, legal principles, or procedural irregularities.

Legal Provisions: Reference the relevant legal provisions that empower the higher court to revise the lower court's decision.

Prayer for Relief: Specify the relief sought, which may include setting aside or modifying the lower court's decision or ordering a fresh trial.

Common Mistakes to Avoid:

Inaccurate Information: Ensure all case details, grounds for revision, and references to legal provisions are presented accurately.

Failure to Include Legal Authorities: Support your arguments with relevant legal precedents and authorities.

Improper Language and Formatting: Use legally appropriate language and formatting in the petition.

Non-Compliance with Legal Procedures: Follow the correct legal procedures for filing revision petitions, including adhering to filing deadlines.

Inadequate Grounds: Provide clear and compelling reasons for seeking revision to bolster your case.

Drafting a well-prepared Revision Petition under Section 397 of the Cr.P.C. is essential when a party believes that a lower court's decision is legally flawed or unjust. Avoiding common mistakes ensures the petition's legal validity and the opportunity for a thorough review of the case by the higher court. Legal consultation or guidance is often advisable to ensure compliance with the law and court procedures.

Frequently asked questions

What is a Revision Petition under Section 397 of the Code of Criminal Procedure?→

A Revision Petition under Section 397 CrPC is a legal application filed in higher courts in India to correct jurisdictional errors, irregularities, or illegalities in subordinate criminal court orders.

Who can file a Revision Petition under Section 397 CrPC in India?→

Any aggrieved person, including the accused, complainant, or state, can file it before the Sessions Court or High Court. Courts can also act suo motu.

Is this Revision Petition template legally valid in India?→

Yes, this customizable template adheres to CrPC Section 397 requirements and is valid for use in Indian courts, subject to local rules and verification.

Do I need to pay stamp duty or court fees for filing a Revision Petition under Section 397 CrPC?→

No stamp duty is applicable for petitions; pay court fees as per the Court Fees Act, varying by state and court in India.

In what format can I download this Revision Petition under Section 397 CrPC?→

Download in editable Word or ready-to-print PDF format for easy customization and filing in Indian courts.

When and how should I customize this Revision Petition template?→

Customize by filling case details, grounds of revision, and prayers before filing. Consult a lawyer for India-specific legal advice.