Uttarakhand High Court

C482/2303/2023 on 1 May, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                           C482 No.2303 of 2023
                                           Hon'ble Pankaj Purohit, J.

Mr. Mukesh Kumar Kapruwan, Advocate for the applicant.

2. Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for the State.

3. Mr. Mohit Bhauriyal, Advocate for respondent nos.2, 3 and 4.

4. By means of the present C482 application, the applicant has put to challenge the order dated 17.05.2023, passed by learned Special Sessions Judge (S.C.S.T. Act, 1989), Pithoragarh by which the final report submitted in favour of the respondents has been accepted.

5. The Court is of the view that against the order impugned in the present C482 application, a revision petition would lie.

6. On previous date, learned counsel for the applicant was directed to search for some judgments on this legal issue. Today learned counsel for the applicant submits that the revision would lie against the judgment impugned. But he requested to convert the instant C482 application to criminal revision.

7. Learned counsel for the applicant placed reliance upon a judgment of the Apex Court in the case of Akanksha Arora Vs. Tanay Maben reported in 2025 1 Supreme 595, wherein it has been stated that the C482 application can be converted to a revision petition if the revision would lie or vice versa.

8. Learned counsel for the applicant has relied upon para no.7 of the aforesaid judgment, which is quoted hereinbelow:-

"7. This Court has, in a catena of decisions, provided that nomenclature of a petition is immaterial and for doing substantive justice, the High Court can always covert a petition under Section 482 CrPC to a revision under Section 397 CrPC and vice versa. The approach of the High Court in dismissing the petition filed by the applicant under Section 482 CrPC on the hyper technical ground that she had to avail the remedy of revision cannot be appreciated because the same has unnecessarily compelled the appellant to approach this Court by way of this appeal filed under Article 136 of the Constitution of India."

9. In view of the law laid down by Apex Court, this Court is convince that the present C482 application may be directed to be converted in criminal revision specially for the reason the revision too would lie before the Court.

10. Accordingly the C482 application is converted to Criminal Revision Petition.

11. The Office is directed to do the needful.

12. List this case as per roaster.

(Pankaj Purohit, J.) 01.05.2025 SK