APCrRPCO Form No. 60 : Notice of Criminal Revision Petition

Explanation using Example

Example 1: Challenging a Magistrate's Order

Introduction: Ravi, a resident of Andhra Pradesh, was convicted by a Magistrate for a minor theft offense. He believes the evidence was insufficient and decides to challenge the conviction.

Application: Ravi files a Criminal Revision Petition under Section 397 of the Code of Criminal Procedure, 1973, seeking revision of the Magistrate's order. He uses Form No. 60 from The Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, to notify the relevant parties.

Outcome: The notice informs Ravi, the respondent (the State), and the Public Prosecutor that the petition will be heard by the Sessions Judge on a specified date. If Ravi fails to appear, the petition may be dismissed, but if the State does not respond, the court may proceed ex parte.

Conclusion: Compliance with the notice requirements ensures all parties are informed and can prepare for the hearing, impacting the petition's success.

Example 2: Revision of Bail Order

Introduction: Priya was granted bail by a Magistrate in a case involving alleged fraud. The complainant believes the bail was granted improperly and seeks a revision of the order.

Application: The complainant files a Criminal Revision Petition under Section 397 of the Code of Criminal Procedure, 1973. Form No. 60 is used to notify Priya, the Public Prosecutor, and the complainant about the revision hearing.

Outcome: The notice specifies the date and time for the hearing before the Sessions Judge. If Priya or the Public Prosecutor fails to attend, the court may decide based on the available evidence, potentially affecting Priya's bail status.

Conclusion: Proper notification ensures that Priya and the prosecution can present their arguments, influencing the court's decision on the bail revision.

Example 3: Revision of Sentencing Order

Introduction: Suresh was sentenced to two years in prison for assault. He believes the sentence is too harsh and seeks a revision.

Application: Suresh files a Criminal Revision Petition under Section 397 of the Code of Criminal Procedure, 1973. Form No. 60 is used to notify the respondent and the Public Prosecutor about the hearing.

Outcome: The notice ensures all parties are aware of the hearing date before the Sessions Judge. If Suresh does not attend, the petition may be dismissed; if the prosecution fails to appear, the court may proceed without their input.

Conclusion: Timely and proper notification is crucial for ensuring a fair hearing and potentially altering the sentencing outcome.