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Supreme Court Clarifies Law on Abatement of Criminal Revision Proceedings After Death of Informant or Accused

(2025 INSC 1484 | Syed Shahnawaz Ali v. State of Madhya Pradesh & Ors.)

The Supreme Court of India has delivered an important judgment clarifying whether criminal revision proceedings abate upon the death of the revisionist. The ruling has significant implications for victims’ rights, criminal procedure, and revisional jurisdiction under the CrPC.

👨‍⚖️ Bench

Justice Sanjay Karol and Justice Manoj Misra

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Key Legal Issue

Does a criminal revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973 abate automatically on the death of the revisionist?

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Supreme Court’s Ruling: No Automatic Abatement in All Cases

The Supreme Court held that revision proceedings do not automatically abate on the death of the revisionist. The outcome depends on who filed the revision and the nature of the order challenged.

✔️ When Revision Does Not Abate

• When the revision is filed by an informant or complainant

• Death of the informant does not extinguish the revisional jurisdiction

• The revisional court has discretion to examine:

  • Correctness

  • Legality

  • Propriety of the lower court’s order

The Court emphasized that strict rules of locus standi do not apply to criminal revision proceedings.

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❌ When Revision May Abate

If the revision is filed by an accused or convict, the revisional court may refuse to continue proceedings upon his death in the following situations:

1. Revision against an order passed during trial

   • Example: Rejection of discharge application

   • On death of accused, the trial itself abates, along with ancillary proceedings

2. Revision against conviction or affirmance of conviction

   • Sentence or fine cannot be executed against a deceased person

   • In absence of an application seeking leave to continue, the court may treat the revision as abated

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No Statutory Provision for Substitution — But Also No Provision for Abatement

The Court clarified:

• The CrPC does not provide for substitution in revision proceedings

• Hence, no person can claim substitution as a matter of right

• However, there is also no provision mandating abatement, unlike criminal appeals

Once a revision is entertained, the revisional court retains discretion to proceed in the interest of justice.

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Role of Victims Under Section 2(wa) CrPC

The Supreme Court highlighted the importance of victims’ participation:

• A victim of the crime is the most suitable person to assist the court

• If the original informant dies, other victims falling within Section 2(wa) CrPC may be allowed to:

  • Assist the court

  • Pursue the revision with the court’s permission

Even without formal substitution, the revisional court may allow such assistance to further the cause of justice.

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Case Background (Brief)

• FIR registered under Sections 419, 420, 467, 468, 471, 120-B, 34 IPC

• Sessions Court discharged accused from most offences; trial continued only under Section 420 IPC

• Informant (father of appellant) filed revision

• Upon informant’s death, High Court dismissed revision as abated

• Supreme Court reversed the High Court’s decision and restored the revision

The Court held that the son of the deceased informant, having a property interest, was a victim of the crime and should have been allowed to assist the court.

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Final Outcome

✔️ Appeal Allowed
✔️ High Court order set aside
✔️ Criminal Revision restored

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Why This Judgment Is Important

• Strengthens victims’ rights in criminal proceedings

• Clarifies scope of Sections 397 & 401 CrPC

• Prevents miscarriage of justice due to procedural rigidity

• Distinguishes revision proceedings from criminal appeals

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