However, maintainability of a petition deals with whether the petition can be heard under the law or not? Therefore, the submission of the certificate or the lack of such certificate with the body of the petition adversely affects only its presentability before the registry itself. It does not and cannot affect its maintainability under the law before the Court. The maintainability of a revision petition would have to be seen in the light of Section 397 read with Section 401 Cr.P.C. Section 397(2) prohibits the filing of a revision petition against an interlocutory order. In case, a revision petition were to be filed against an interlocutory order, according to Section 397(2) Cr.P.C., the said petition is not maintainable although such a petition may be presentable, if it were accompanied with the requisite documents/papers. Thus, it seems to be a misnomer that in case the said certificate does not shows the fact that the revisionist has surrendered, the petition, ipso facto, becomes not maintainable. In fact, in case the petition is not accompanied with such a certificate, the petition merely becomes nonpresentable by the registry.
