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When HC Will Not Interfere In Revision

The High Court (HC) will not interfere in revision unless it is satisfied that it is necessary to do so, to prevent an otherwise irreparable injustice. - Kuppuswami ILR 39 MAD 561, Narain ILR 45 ALL 126, 129. The HC will not always interfere even though the order of the court below is wrong in law, or the trial in the court below is illegal and not merely irregular, if no prejudice is shown to have been caused to the accused - Hari 14 CrLJ 599,600. However, it would not hesitate to disturb a legal order in Revision if it were unjust. - Harbans 1952 CrLJ 480 (Pepsu). It is not the practice of the HC to entertain an application in revision when the decision of the Lower court involves some points of law.

The code does not give a right of appeal upon points of Law analogous to that given in civil cases by section 100 CPC. The discretion under sections 397 and 401 ought only to be exercised to prevent substantial injustice or where it involves a point of law of general importance which may govern other cases. - Shriang 1932 CrC 871, 872. The HC will not interfere unless the error in law has led to a failure of justice. It is not the duty of the court to correct mere mistakes in Law which have no more effect than mistakes in grammar or spelling.

The power of interference is to be exercised only for the purpose of correcting injustice, not mere illegality - Narsinghdas 29 CrLJ 86,87. The HC's revisional jurisdiction is normally to be exercised only in exceptional cases, when there is a glaring defect or a flagrant miscarriage of justice. - Amar Chand AIR 1973 SC 799.

The Revisional power of the HC will not be exercised until all the other remedies, e.g., appeal, provided by law have been exhausted. - Raj Kumar ILR 3 Cal 573. The HC will not interfere in trivial cases - Munuswami 49 Cr LJ 716 (Mad).

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