Criminal Procedure Code, 1973, Section 397, 482 -- Revision - Petitioner already availed remedy of revision - S.397(3) Cr.P.C bars filing of second revision and recourse to S.482 Cr.P.C can be taken only in exceptional cases...........
Criminal Procedure Code, 1973, Section 397, 125 -- Interim maintenance - Revision thereagainst - Not maintainable...........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 319, 173 -- Attempt to murder - Summoning of petitioner to appear before Court as accused - Revision petition - Contention of petitioner that supplementary report u/s.173(8) Cr.P.C. has not been submitted and so order of summons being premature - Complainant shot by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross-examination - Complaint filed in year 2016 and owing to dilatory tactics played by accused evidence of complainant closed and revision preferred was rejected - In year 2020 accused seeking opportunity to recall complainant for..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Dismissal on the ground of delay - Revision against order taking cognizance in Corruption case was dismissed on the ground of delay of 5 years in challenging said order - Though there was delay of 5 years in challenging order, however, High Court could have examined revision on merits rather than dismissing same on..........
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..........
