Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Objection as to jurisdiction - Where main accused does not made any endeavour to question the impugned order of framing charge and dismissal of revision against the same, objection as to jurisdiction on behalf of co-accused is wholly untenable...........
Criminal Procedure Code, 1973, Section 397, Evidence Act, 1872, Section 3 -- Revisional jurisdiction - Re-appreciation of evidence - High Court in revision cannot in absence or error on a point of law, re-appreciate evidence and reverse a finding of law...........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of justice - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4) -- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 399, 401 -- Revision - Even if revisional order is found to be laconic, it is not desirable to upset the same by remanding the matter back to revisional Court particularly when remand order would not serve any fruitful purpose for securing ends of justice...........
Criminal Procedure Code, 1973, Section 397(3), 401 -- Revisional jurisdiction - High Court is not sitting as a Court of appeal to scrutinize the evidence and material on facts brought before trial Court and appellate Court - Revision jurisdiction of High Court is very limited to the extent as to whether there is correctness, legality or proprietary in the findings..........
Criminal Procedure Code, 1973, Section 239, 227 -- Discharge - Revision by third party - Maintainability - Revision preferred by third parties cannot be entertained in view of pendency of revision filed by investigating agency and prosecution agency...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence on charge sheet - Application of mind by Magistrate - No set pattern for taking cognizance - Magistrate while taking cognizance is to apply his mind regarding prima facie case being made out unlike the clear cut observation that is to be taken in the proceedings u/s 111 Cr.P.C. - Impugned order typed order..........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Maintainability - Only remedy available against order of acquittal is to obtain leave to appeal from High Court u/s 378(3) Cr.P.C. - Revision against the same not maintainable...........
Criminal Procedure Code, 1973, Section 190 -- Order of Magistrate refusing to take cognizance - Order is revisable - Power of revision can be exercised by Superior Court, which can be Session Court itself, either on revision petition that can be filed by aggrieved party or even suo moto by revisional Court itself - Court of Session was thus not powerless to pass an order..........
