Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Criminal Procedure Code, 1973, Section 319, 397, 401, 482 -- Order passed u/s 319 Cr.P.C. - Challenge thereto by way of revision or by way of a petition u/s 482 Cr.P.C. - Notice and opportunity of hearing - Held, notice and opportunity of hearing to the person in whose favour some right accrued by virtue or order passed by trial court has to be given...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Maintainability - Petitioner has lost his son for alleged incident of murder - He is real victim - Held, when a victim has right to prefer an appeal against order of conviction with lesser punishment or acquittal, then why a victim like petitioner should not be allowed to prefer revision petition against order..........
Criminal Procedure Code, 1973, Section 340, 195 -- Civil Court refusing to file complaint u/s 340 r/w S.195 Cr.P.C. - Aggrieved party can file appeal only to the appellate Court in the civil side and not to the appellate Court in the criminal side - Criminal revision, held, not maintainable...........
Criminal Procedure Code, 1973, Section 482, 397 -- Charge - Not an interlocutory order - Revision not maintainable - Petition u/s 482 Cr.P.C. is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(1) -- Dishonour of cheque - Appeal against conviction dismissed - Revision petition still pending and is likely to take time - Petitioner seeking suspension of sentence during revision - Maintainability - Petition allowed - Sentence suspended subject to payment of cheque amount...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 401 -- Order passed by Magistrate excluding opposite party Nos.1 to 4 from category of respondents on ground that they being women relatives of husband of petitioner, thus, they cannot be added as respondents - Revision against - Maintainability - Held, impugned..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Offence u/s 366-A IPC - Dismissal of application filed by appellant for discharge - Appellant filed revision before High Court - Counsel for appellant withdraw the said revision - Counsel who had withdrawn revision before High Court was not authorised by appellant to withdraw the same - Judgment and order passed by..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise of - Held, inherent jurisdiction u/s.482 Cr.P.C. has to be exercised sparingly, carefully and with caution - Extra ordinary power u/s.482 Cr.P.C. should not be resorted to like remedy of appeal or revision - Such power can be exercised only when no other remedy is available to litigant and not..........
Criminal Procedure Code, 1973, Section 311, 397, 401 -- Rejection of application u/s.311 CrPC - Revision against - Not maintainable...........
