When a litigant files a revision petition in the High Court — whether civil under Section 115 of the Code of Civil Procedure, 1908 (CPC), or criminal under Sections 397–401 of the Code of Criminal Procedure, 1973 (CrPC) — a common question arises: can such a revision petition be withdrawn by the petitioner after filing?
The direct answer is: Yes. A revision petition can generally be withdrawn in the High Court at the instance of the petitioner, subject to the High Court’s discretion and compliance with procedural requirements. However, withdrawal is not an automatic right and depends on the stage of proceedings, the nature of the matter, and whether any other party would be prejudiced.
This article explains in detail the legal position, procedure, case law, and practical implications of withdrawing a revision petition in the High Court.
1. Nature of a Revision Petition
Before understanding withdrawal, it is necessary to understand what a revision petition is:
- Civil Revision Petition – Filed under Section 115 CPC when no appeal lies against an order of a subordinate court, but the aggrieved party alleges jurisdictional error or material irregularity.
- Criminal Revision Petition – Filed under Sections 397–401 CrPC when the aggrieved party seeks the High Court’s supervisory jurisdiction over orders passed by subordinate criminal courts.
Both types of revision petitions are discretionary remedies — unlike appeals which are a matter of right — and therefore the High Court has wider discretion to allow or disallow withdrawal.
2. Legal Basis for Withdrawal of Petitions
Neither the CPC nor the CrPC contains a specific provision dealing with withdrawal of revision petitions. However, High Courts, exercising their inherent powers and guided by principles of fairness, generally follow the principle in Order XXIII Rule 1 CPC (withdrawal of suits) and the inherent powers under Section 151 CPC and Section 482 CrPC.
The principle is:
- The person who files a proceeding has the right to withdraw it, unless withdrawal will cause prejudice to another party or affect public interest.
- The High Court, however, retains discretion to impose conditions or refuse withdrawal if required for the ends of justice.
3. Civil Revision Petition – Withdrawal
In civil revisions under Section 115 CPC:
- The petitioner can move an application seeking permission to withdraw the revision petition.
- The High Court typically allows such withdrawal because the petitioner has approached the court voluntarily.
- The Court may dismiss the petition as “withdrawn” or “not pressed.”
However, the Court may refuse withdrawal in rare circumstances, for instance:
- When serious questions of law of public importance are involved.
- When the Court has already passed interim orders or directions affecting third-party rights.
- When withdrawal would prejudice the opposite party in a way that cannot be compensated in costs.
4. Criminal Revision Petition – Withdrawal
In criminal revisions under Sections 397–401 CrPC, the principle is similar but with some nuances:
- The petitioner can request the Court to permit withdrawal.
- Since criminal proceedings also involve the State or complainant as a party, the Court may seek their response before allowing withdrawal.
- If the matter concerns a public offence or has implications for criminal justice administration, the Court may decline withdrawal in the public interest.
For example, if a revision challenges the acquittal of an accused, and withdrawal could result in miscarriage of justice, the High Court may still continue examining the matter suo motu.
5. Stage of Proceedings and Withdrawal
The stage at which withdrawal is sought matters:
- Before admission: If the revision petition has not yet been admitted or notices have not been issued to the opposite party, withdrawal is almost always allowed.
- After admission but before hearing: The Court may still allow withdrawal but may issue directions on costs.
- After substantial hearing: The Court may be reluctant to allow withdrawal, especially if questions of law have been argued at length or interim orders passed.
- After judgment reserved: Withdrawal is generally not permitted because the Court is functus officio after reserving judgment.
6. Procedure for Withdrawal
The general procedure followed across High Courts is:
- Filing of Application: The petitioner files a formal application/IA (interlocutory application) seeking permission to withdraw the revision petition, stating reasons.
- Notice to Other Parties: If notices have been issued earlier, the opposite parties are informed about the withdrawal application.
- Court’s Order: The High Court passes an order allowing the withdrawal and dismissing the petition as withdrawn or not pressed.
- Recording Liberty to Refile (if sought): If the petitioner seeks liberty to file a fresh petition on the same cause of action, the High Court may grant or refuse such liberty.
7. Liberty to File Fresh Petition After Withdrawal
A critical point in withdrawal of revision petitions is whether the petitioner can file a fresh petition later on the same grounds:
- Unlike Order XXIII Rule 1(3) CPC (which expressly allows withdrawal with liberty to file a fresh suit under certain conditions), Section 115 CPC and Sections 397–401 CrPC contain no such express provision.
- The High Court may, however, grant liberty to file afresh if there are exceptional circumstances, or if the earlier petition was withdrawn due to technical or procedural defects.
- If liberty is not granted, a fresh petition may be barred by limitation or by principles analogous to res judicata.
Therefore, it is essential for the petitioner to request liberty to file afresh at the time of withdrawal if they anticipate needing to approach the court again.
8. Effect of Withdrawal on Interim Orders
If the High Court has granted interim orders (such as stay of execution, suspension of sentence, or stay of trial proceedings), then:
- On withdrawal, all interim orders automatically stand vacated, unless the Court specifies otherwise.
- This means the status quo reverts to the position before filing the revision petition.
Thus, withdrawal must be carefully considered if interim relief is protecting the petitioner’s interest.
9. Judicial Precedents on Withdrawal of Revision Petitions
Indian courts have recognized the petitioner’s right to withdraw revision petitions:
- State of Kerala v. M.K. Kunhikannan Nambiar (1996) 1 SCC 435: The Supreme Court held that courts should lean in favor of allowing withdrawal unless there are compelling reasons to refuse.
- Shankar Ramchandra Abhyankar v. Krishnaji Dattatraya Bapat (1970 AIR 1 SC): Although this case was about overlapping jurisdictions, it established that procedural flexibility and fairness govern supervisory jurisdiction.
- Multiple High Court rulings have allowed withdrawal of both civil and criminal revisions with or without liberty to file afresh.
10. High Court’s Discretion – Not an Absolute Right
Although a litigant has the first right to withdraw their own petition, the High Court’s supervisory jurisdiction means:
- It can continue to examine the case suo motu even after withdrawal if issues of grave public importance are involved.
- It can impose conditions such as costs or compliance with prior orders.
- It can refuse liberty to file afresh if it believes the petitioner is abusing process.
11. Withdrawal vs. Dismissal for Default
There is a distinction between:
- Withdrawal by petitioner: An intentional act to discontinue the petition.
- Dismissal for default: When the petitioner fails to appear or comply with directions, leading the court to dismiss the petition for non-prosecution.
A petition dismissed for default may be restored upon showing sufficient cause. Withdrawal, however, is voluntary and usually ends the proceeding permanently unless liberty is granted to file afresh.
12. Practical Considerations Before Withdrawing
Before seeking withdrawal, the petitioner should consider:
- Limitation: Whether they will be time-barred if they wish to file again.
- Interim Relief: Whether they are protected by an interim order which will lapse upon withdrawal.
- Costs: Whether the Court may impose costs for withdrawal at an advanced stage.
- Strategic Alternatives: Whether amendment of the petition or conversion to another proceeding is possible instead of withdrawal.
13. Drafting a Withdrawal Application
A typical application for withdrawal might include:
- Title and case number.
- Statement that the petitioner does not wish to press the revision petition.
- Grounds for withdrawal (technical defect, settlement, alternative remedy, etc.).
- Prayer for liberty to file a fresh petition if needed.
14. Differences Between Civil and Criminal Revision Withdrawal
| Aspect | Civil Revision | Criminal Revision |
|---|---|---|
| Primary Law | Section 115 CPC | Sections 397–401 CrPC |
| Parties Involved | Usually private parties | Often includes State/prosecution |
| Need for State Consent | Not applicable | State’s view may be sought |
| Effect on Interim Orders | Stays vacated automatically | Suspension of sentence/bail vacated automatically |
| Court’s Power to Continue suo motu | Rare | More likely in criminal matters for public interest |
15. Role of Articles 226 and 227
Even if a revision is withdrawn, the High Court retains its constitutional powers under Article 227 to supervise subordinate courts. This means if a grave jurisdictional error exists, the High Court can still intervene suo motu despite the withdrawal of the revision petition.
16. FAQs About Withdrawal of Revision Petitions
Q1. Can a revision petition be withdrawn as a matter of right?
Yes, generally, but the High Court retains discretion, especially if public interest or third-party rights are involved.
Q2. Can the petitioner withdraw a revision petition after it is admitted?
Yes, but the Court may impose conditions or costs.
Q3. Can the petitioner file a fresh revision petition after withdrawal?
Only if the High Court grants liberty or if limitation permits; otherwise the petition may be barred.
Q4. What happens to interim orders on withdrawal?
They stand vacated unless the Court orders otherwise.
Q5. Can the High Court continue hearing a revision petition even after withdrawal?
Yes, in exceptional cases involving public interest or grave miscarriage of justice, especially in criminal matters.
Q6. Is consent of the opposite party required to withdraw?
Not strictly, but if notices have been issued, the opposite party may be heard before allowing withdrawal.
17. Conclusion
In conclusion, a revision petition — whether civil or criminal — can generally be withdrawn in the High Court at the petitioner’s request, but only with the Court’s permission. The Court may grant or refuse such permission based on stage of proceedings, public interest considerations, and possible prejudice to the other party. Withdrawal results in automatic vacation of interim orders unless otherwise directed.
The High Court may also, in rare cases, continue the matter suo motu if important questions of law or public policy are at stake. Therefore, a litigant should carefully weigh all factors — limitation, interim protection, costs, and liberty to refile — before moving to withdraw a revision petition. This discretionary framework ensures both the litigant’s autonomy and the High Court’s supervisory duty to uphold justice.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304