Code of Criminal Procedure, 1973–Sec. 401(5)–Scope–Where the appeal lies but an application for revision has been made to the High Court by any person, the High Court has jurisdiction to treat the application for revision as a petition of appeal–However, subject to the High Court being satisfied that such an application was made under the erroneous belief that no appeal lies thereto and that it is necessary to the interest of justice so to do and for that purpose, the High Court has to pass a judicial order, maybe a formal order, to treat the application for revision as a petition of appeal and deal with the same accordingly.
