Ca No.424/19 Date Of Institution : ... vs I. State (Govt. Of N.C.T. Of Delhi) on 6 March, 2023
6.3. It is then well settled law that when there is no scope of appeal, a
final order can be challenged by way of revision. It is the argument of the
Ld. Counsel representing the respondents that a revision can always be
converted into an appeal but vice versa is not true. No law has been cited by
him on this count. A bare glance at Section-397 CrPC shows that it does not
contemplate filing of any petition. It simply casts a duty on a superior court
to correct the mistakes in an order passed or proceeding conducted by a
court of lesser jurisdiction. How and when, the superior court will perform
its duty is not provided in the provision. This, of course, can be done suo
moto or when its attention is invited towards any irregularity by filing a
Digitally
signed by
RAKESH petition. Hon'ble Delhi High Court in Sarvesh Mathur vs State (2022) 292
RAKESH KUMAR
KUMAR SINGH DLT 518 has made following observations: