Criminal Procedure Code, 1973, Section 401(2) -- Revision - Right of hearing provided to accused or other person in terms of S.401(2) Cr.P.C if order is passed to their prejudice - This would also therefore mean that where a culpability if shifted from one accused to another, on a revision filed by former, later will also have a right of hearing...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Revisional jurisdiction of High Court u/s 401 Cr.P.C operates within narrow limits and can be exercised only in exceptional cases where interests of public justice require interference for correction of gross miscarriage of justice - It cannot be exercised because lower Court has taken a wrong view of law or..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Not maintainable against interlocutory order...........
Criminal Procedure Code, 1973, Section 397(2), Evidence Act, 1872, Section 45 -- Revision - Maintainability - Order u/s 45 of Evidence Act is an interlocutory order against which revision is not maintainable, as such an order does not decide anything finally resulting into culminating main proceeding of case...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order against husband - Personal service not affected upon husband - It is not the case of wife that husband deliberately tried to avoid service of summons - Although husband not filed application u/s 126(2) Cr.P.C, but went in revision assailing ex parte order - Opportunity of hearing in the..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Quashing of charge - Revisional power cannot be exercised to quash charge framed by Court...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - It is not open to revisional Court to exercise revisional power as a second appellate forum...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Concurrent findings of two Courts can be interfered with only if decisions rendered by two Courts below can be said to be either perverse, arbitrary or capricious...........
Criminal Procedure Code, 1973, Section 482 -- Alteration of sentence - Where High Court had disposed of revision petition, upheld conviction, reduced sentence to period already undergone and enhanced fine, it became functus officio and as such, it could not have entertained petition u/s 482 Cr.P.C for altering sentence...........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 294 -- Conviction u/s 294 IPC and acquittal u/ss 147, 506 IPC by trial Court - Appellate Court acquitted accused u/s 294 IPC - Revision against - It is appeal and not revision which is maintainable - Complainant is at liberty file special leave to appeal along with an appeal against judgment of..........
