Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 397, 401 -- Absence of sanction to prosecute - Case consigned to record - Consigning of case to record is an interlocutory order - Revision against interlocutory order is not maintainable...........
Criminal Procedure Code, 1973, Section 464 -- Charge - Held, an error, omission or irregularity in charge including any misjoinder of charges does not invalidate any sentence or order passed by Court of competent jurisdiction unless in opinion of Court of appeal, confirmation or revision a failure of justice has in fact been occasioned thereby...........
Criminal Procedure Code, 1973, Section 397, 401 -- Acquittal - Revision against - Conclusions recorded by trial court not wholly implausible - Findings constitute plausible view and thus cannot be repudiated to be perverse and patently illegal warranting interference - No patent illegality or error on any fundamental principle of law or absurdity in approach in the..........
Criminal Procedure Code, 1973, Section 397, 401, Karnataka Forest Act, 1963, Section 71(D), 71(A), 71(C) -- Revision - Maintainability - Order passed u/s 71(A) of Karnataka Forest Act by Deputy Conservator of Forest refusing to release vehicle of accused - Only appeal lies u/s 71(D) of Karnataka Forest Act against said order - Revision petition, not maintainable - Petition..........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Investigation - Order directing investigation is an interlocutory order and remedy of revision against such an order is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 294(b), 323 -- Conviction - Revision against - High Court without considering evidence on record and without assigning any reason set aside order of conviction passed by first appellate Court - Held, matter remanded back to High Court for decision afresh in accordance with law - Petition allowed...........
Criminal Procedure Code, 1973, Section 407, 482 -- Transfer of sessions trial without hearing victim - Re-call of order - Victim is an aggrieved person not only in crime, but also in investigation, enquiry, trial, appeal, revision, review and also proceedings by which inherent powers of Court u/s.482 are invoked - Held, transfer of sessions trial without hearing victim is..........
Criminal Procedure Code, 1973, Section 319, 401 -- Summoning of additional accused - Rejection - Validity - Respondents No.2 and 3 sought to be summoned as additional accused alleged to have committed theft of money belonging to complainant along with main accused - Complaint and deposition of complainant reveals that respondents No.2 & 3 along with main accused have..........
Indian Penal Code, 1860, Section 379 -- Theft - Sentence - Reduction - Accused 21 years old at time of incident - He had no previous criminal record - He remained in custody for 5 months and 27 days - He has faced trial, appeal and revision for last 14 years - Held, sentence reduced to period for which he remained in custody - No change in fine amount - Appeal partly..........
Criminal Procedure Code, 1973, Section 401 -- Revisional power - Exercise of - Held, High Court in revision can set aside an order of acquittal but it cannot convert an order of acquittal into that of an order of conviction - Only course left to High Court in such exceptional cases is to order re-trial...........
