Criminal Writ Petition

A. Criminal Writ Petition

A Criminal Writ Petition is filed under Article 226 (in High Courts) or Article 32 (in the Supreme Court) of the Constitution of India for the enforcement of fundamental rights or legal rights. It is used to challenge illegal detention, violations of fundamental rights, or procedural irregularities in criminal cases.

When to File?

• Habeas Corpus: Challenging illegal detention or custody.
• Mandamus: Seeking direction to authorities for performing legal duties.
• Certiorari: Challenging orders of lower courts due to jurisdictional errors.
• Prohibition: To stop a lower court from proceeding with a case illegally.
• Quo Warranto: Questioning the legality of a public officer’s appointment.

Where to File?

• High Court (Under Article 226)
• Supreme Court (Under Article 32, only for fundamental rights violations)

Key Features:

• Can be filed against government authorities, police, or courts.
• Used for speedy remedies in cases of illegal detention or human rights violations.
• Requires strong constitutional or legal grounds.

B. Criminal Revision / Criminal Application

A Criminal Revision is filed under Sections 397 to 401 of the Criminal Procedure Code (CrPC) to challenge incorrect findings or irregularities in orders passed by lower courts.

When to File?

• When a Sessions Court or Magistrate Court has passed an unjust or improper order.
• When there is a jurisdictional error or a gross miscarriage of justice.
• When no direct appeal is available.
• For modification or reversal of a lower court’s order.

Where to File?

• Sessions Court (against orders of Magistrate courts)
• High Court (against orders of Sessions Court or Magistrate courts)

Key Features:

• Used to correct errors in judicial findings.
• Cannot be filed if an appeal is already available.
• Focuses on legality and correctness of proceedings rather than re-examining evidence.
• High Courts have discretionary powers to interfere in revision matters.

Difference Between the Two

Feature	Criminal Writ Petition	Criminal Revision
Legal Basis	Constitution of India (Articles 226 & 32)	CrPC Sections 397-401
Purpose	Protection of fundamental/legal rights	Correcting legal/jurisdictional errors
Jurisdiction	High Court, Supreme Court	Sessions Court, High Court
Scope	Broad, including police inaction and illegal detention	Limited to procedural and jurisdictional errors
Grounds	Violation of fundamental rights, illegal detention, etc.	Improper exercise of judicial powers, material errors
Appeal Availability	Not dependent on appeal rights	Cannot be used if an appeal is available

Conclusion

Criminal Writ Petition is a constitutional remedy for fundamental rights violations.

Criminal Revision/Application is a statutory remedy for correcting judicial errors.