Criminal Procedure Code, 1973, Section 378 -- Revision against acquittal - Scope - Analysed...........
Criminal Procedure Code, 1973, Section 305 -- Trial - Appointment of representative - Permissibility of - Plea of petitioners that they being Managing Director and Director of company also can invoke provisions of S.305 of the Code and pray for appointment of representative for themselves in order to represent them before trial court during course of trial - Held, plea..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 216 -- Revision against conviction u/s 417 IPC - Offence found to be committed u/s 138 Negotiable Instruments Act - Offence u/s 417 IPC altered and accused held guilty u/s 138 NI Act - Keeping in view the long continuation of proceedings accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(2) -- Dishonour of cheque - Conviction - Revision against - Death of accused during pendency of revision - Revision does not abate - Revisional court to modify sentence imposed against accused by courts below as might be warranted to advance ends of justice...........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Sessions Judge cannot direct - Held, powers to direct for registration of FIR has been specifically conferred on Magistrate u/s 156 (3) Cr.P.C. - If such an application was moved before Magistrate and was rejected, only then in revision, Sessions Judge could have directed Magistrate to pass appropriate..........
Criminal Procedure Code, 1973, Section 397(2) -- Summoning order - Revision thereagainst - Maintainability of - Held, order issuing process for summoning of accused is not an interlocutory order - Revision thereagainst is maintainable...........
Criminal Procedure Code, 1973, Section 397(1), 397(3), 482 -- Second revision - Bar as to - Exercise of inherent powers - Held, when a revision has been barred u/s 397(3) of the Code, complainant or accused cannot be allowed to take recourse to revision before High Court u/s 397(1) of the Code as it is prohibited u/s 397(3) thereof - However, High Court can entertain a..........
Criminal Procedure Code, 1973, Section 190, 203 -- Complaint - Summoning order - Revision against - It is an intermediate or quasi judicial order against which a revision is maintainable...........
Criminal Procedure Code, 1973, Section 190, 203 -- Complaint - Summoning order - Revision against - Concurrent jurisdiction of Sessions Court & High Court - Petition filed in High Court without first exhausting remedy of Sessions Court - Held, petition in the High Court is maintainable as it has got concurrent jurisdiction to entertain the revision against the order...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Order of High Court unreasoned - Reasons must be given in support of the conclusions arrived in a judgment - Reasons introduce clarity in an order - Reasons howsoever brief in order is indicative of an application of mind - Impugned order without reasons set aside and matter remitted for decision afresh...........
