Criminal Procedure Code, 1973, Section 401(2) -- Revision - Scope - No order can be passed by revisional Court prejudicial to accused without giving him an opportunity of being heard...........
Criminal Procedure Code, 1973, Section 397, 401, 319 -- Revision - Dismissal of application u/s 319 Cr.P.C.- Revisional Court while remanding the matter back to trial Court exceeded its jurisdiction by issuing directions to trial Court to take cognizance against petitioners - As a matter of fact, if revisional Court found the order of trial Court laconic, it ought to have..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Dismissal of complaint in default - Acquittal of accused - Revision against order of acquittal is not maintainable, as only remedy available to complainant is to prefer an appeal u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Object of provision is to set right a patent defect or an error of jurisdiction or law or perversity which has crept in the proceeding...........
Criminal Procedure Code, 1973, Section 401 -- Revision - When findings of facts recorded by Courts below are not supportable on evidence on record, revisional Court would be justified for conducting an independent reassessment of evidence and to supplant conclusion of his own - If there is any manifest illegality, perversity and miscarriage of justicy, High Court in..........
Criminal Procedure Code, 1973, Section 482, 397 -- Second revision petition - Filed in the garb of S.482 Cr.P.C. - Second revision petition is barred u/s 397(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Order passed by revisional Court does not amount to review of order of trial Court - Revisional Court is competent to call for and examine the record of any proceeding before any inferior criminal Court for the purpose of satisfying itself about the correctness, legality or propriety of any order...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 366, 376, 342 -- Summoning of additional accused - Revision filed against order summoning additional accused - In the mean time accused acquitted as prosecution case not proved - This order became final as no appeal filed thereagainst - Impugned order of summoning of additional accused quashed...........
Criminal Procedure Code, 1973, Section 156(3), 401 -- Application u/s 156(3) Cr.P.C. - Accused has no right to be heard by Magistrate - However, accused has right to be heard when revision is filed against order dismissing application u/s 156(3) Cr.P.C. - Impugned order passed by revisional Court without giving an opportunity of hearing to accused set aside - Matter..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Application u/s 156(3) Cr.P.C. - Order allowing or dismissing application - Order is not interlocutory order - Revision against such order is not maintainable...........
