Syed Shahnawaz Ali v. State of Madhya Pradesh 2025 INSC 1484 - CrPC/BNSS - Criminal Revision - Abatement - Substitution

Code of Criminal Procedure 1973 - Section 397 -401 - The law of abatement that applies to an appeal does not apply to a revision proceeding, more particularly when revision is not at the instance of an accused - Where the revision is at the instance of an accused/convict, the revisional court may refuse to continue the proceedings on his death, inter alia, where (a) the revisional proceeding emanates from an order passed during trial; or (b) the revisional proceeding is against an order of conviction, or affirmance of conviction. In situation (a) (supra), on death of accused the trial would abate and so would ancillary proceedings emanating therefrom. In situation (b) (supra), the sentence or fine cannot be executed against a dead person, therefore, in absence of any application from a person seeking leave to pursue the revision, the court may terminate the proceedings as having abated. However, where the revision is at the instance of an informant or a complainant, on his death, the proceedings will not abate and, therefore, revisional court may exercise its discretion and proceed to test the correctness, legality or propriety of an order passed by the court subordinate to it. (Para 17) Once a revision is entertained, the Court exercising revisional power has discretion to proceed with the revision and test the correctness, legality or propriety of the order under challenge before it, regardless of the death of the person who had invoked the revisional jurisdiction. However, while doing so, the Court may, in its discretion, allow a person to assist it in discharge of its statutory functions provided that person has no conflict of interest. In that context, a victim of the crime would ordinarily be the most suitable person to provide assistance because of his interest in overturning a decision that went against him- When revisional powers are invoked by a victim of the crime, and he dies during pendency of the revision, other victims of that crime, who fall within the scope of its definition, as provided in Section 2 (wa) of Cr.P.C., may be allowed to assist the Court in effectively discharging its statutory function. In that regard, the Court would be well within its jurisdiction in granting leave to such a person to pursue the revision. However, in absence of a provision for substitution, though a person may not have a legal right to claim substitution as a revisionist, there is no legal restriction on revisional court’s power in allowing a person to assist the Court in furthering the cause of justice, more particularly, when strict rule of locus does not apply to a criminal revision. (Para 18)

Code of Criminal Procedure 1973 - Section 397-401 - Revisional Powers - (a) revisional power under Cr.P.C. is a discretionary power, the exercise of which cannot be claimed as of right; (b) exercise of revisional power is not entirely dependent on who petitions the Court, inasmuch as it can be exercised suo motu; (c) the role of the revisionist is essentially that of a person who invites attention of the Court that an occasion to exercise the revisional power has arisen; (d) once a Rule is issued, ordinarily, that Rule has to be heard and determined in accordance with law, whether or not the petitioner is alive or dead, or whether he is represented in court by a legal practitioner; and (e) the Court while exercising revisional power discharges a statutory function of supervising the administration of justice on the criminal side and in furtherance thereof examines the correctness, legality or propriety of an order passed by the court subordinate to it. (Para 15) Though the strict rule of locus may not apply for invocation of that power, the court must be circumspect in entertaining petitions at the behest of complete strangers to the dispute, otherwise the discretionary power may become a tool in the hands of those who, though have suffered no injury, have an axe to grind. Therefore, in our view, to ensure that revisional power is not abused by those who have an axe to grind, the definition of a victim, contained in Section 2(wa) of the Code, may be used as a guide to determine whether a revision should be entertained at the instance of the person who has invoked the revisional power. (Para 16)