Chattisgarh High Court
Aasha Lata Soni vs Durgesh Soni on 8 December, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No.950 of 2021
Aasha Lata Soni Versus Durgesh Soni
08.12.2022Shri Vaibhav A Goverdhan, counsel for the Applicant.
Shri TK Jha, counsel for the Non-Applicant.
Heard on IA No.02/2022, an application for conversion of Revision to Petition under Section 482 Cr.P.C.
At the outset, Shri Goverdhan submits that the Criminal Revision has wrongly been filed as it has been held by the Supreme Court in the matter of Sethuraman vs. Rajamanickam reported in (2009) 5 SCC 153 that the appropriate remedy is to file a Petition under Section 482 Cr.P.C against the order of the trial Court by which, the application filed under Section 311 Cr.P.C was allowed. He, therefore, prays for permission to amend the Criminal Revision and convert the same into a Petition under Section 482 Cr.P.C Upon due consideration of the reasons assigned therein, the same is allowed and the Applicant is directed to incorporate the necessary amendment within a period of 3 days.
Registry is directed to list the matter immediately thereafter before the Bench having the relevant roster after converting the Revision into a Petition under Section 482 Cr.P.C.
Sd/-
(Deepak Kumar Tiwari) JUDGE Priya