Criminal Procedure Code, 1973, Section 256(1), 401, 378 -- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused and only an appeal..........
Criminal Procedure Code, 1973, Section 401, 378 -- Order of acquittal - Revision - Maintainability - S.401(4) Cr.P.C. prohibits maintainability of any revision in case of acquittal recorded in a case instituted upon a complaint as complainant has got a right to file special leave to appeal before High Court u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397(2), 482 -- Second revision petition - Barred u/s 397(2) Cr.P.C. - Petition u/s 482 Cr.P.C can be entertained only in exceptional and rare cases only if High Court is satisfied that continuation of trial would result in gross abuse of process of law thereby resulting in miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Where revisional Court only remanded the matter to trial Court for fresh consideration, there is no need to interfere in the impugned order to the extent of directing the Court that inquiry is to be first conducted u/s 202 Cr.P.C. by SHO and look into the points mentioned in revisional order, as the same is bad..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings under Act of 2005 - Suppression of previous litigations in quashing petition - Plea that relief claimed in quashing proceedings is different from the relief that has been claimed in the revision proceedings - Contention rejected, as..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Wrong statement made by accused in revision petition filed against order of summoning them - Application u/s 340 Cr.P.C. not filed during pendency of revision petition - It was only when revision was dismissed that application u/s 340 Cr.P.C. was filed alleging that a wrong statement was made by accused regarding..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C. - Petitioner cannot invoke jurisdiction u/s 482 Cr.P.C. after dismissal of his revision by Sessions Court, as it amounts to second revision - However, in case of grave injustice, High court can interfere u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 397, 401, 439(2) -- Revision - Maintainability - Order cancelling bail u/s 439(2) Cr.P.C. - It is an interlocutory order - Revision against said order is not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against reversal of finding of acquittal - Practice and procedure - Revision petitions are required to be heard on merits - Since petitioner who were not on bail and were not surrendering before Court, it is proper to direct petitioners to surrender before Court below and furnish bail bonds...........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 451, 323, 325, 34 -- Revision against conviction - Offence u/ss 451, 323, 325, 34 IPC - No medical evidence on record to support injuries caused to PWs/injured in such incident - Even, PWs/injured witnesses were not medical examined - Story of giving beatings to PWs with stick by prosecution..........
