Criminal Procedure Code, 1973, Section 482, 245, 313 -- Quashing of order - Accused preferred revision against impugned order without informing trial Court - In meantime, prosecution produced and examined almost all witnesses who were cross examined - Fact of pendency of revision concealed - Stay of criminal prosecution pending before trial Magistrate was never sought - In..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Revision filed dismissed by Sessions Court - Maintainability of petition u/s 482 of the Code in High Court - Held, to prevent miscarriage of justice and to secure ends of justice, High Court can entertain application filed u/s 482 Cr.P.C. in exercise of power of superintendence - However such power is to be..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 397(2) -- Interim maintenance - Granted to prevent the child going into vagrancy because of lack of funds - Order upheld by Sessions Judge - Held, revision not maintainable before High Court...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 304A -- Revision against conviction - High Court in its revisional jurisdiction cannot re-appreciate and reappraise the evidence until and unless, it comes to the conclusion that the findings recorded by the trial Court are perverse, illegal and erroneous on account of misreading of evidence...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 19, Criminal Procedure Code, 1973, Section 397 -- Bar of revision - Charge framed against accused for the offence u/ss 120-B, 420, 468, 471 of IPC and also under Corruption Act - Revision against order framing charge - Held, order framing charge is not an interlocutory order - Hence revision is maintainable...........
Criminal Procedure Code, 1973, Section 401(3) -- Acquittal - Revision against by private complainant - Revisional jurisdiction, when invoked by a private complainant against an order of acquittal, cannot be exercised lightly - It can be exercised only in exceptional cases where the interest of public justice require interference for correction of manifest illegality or the..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 304A -- Death in rash and negligent driving - High Court in revision should not reappreciate and reappraise evidence until and unless it comes to conclusion that the findings recorded by trial Court are perverse, illegal and erroneous on account of misreading of evidence...........
Criminal Procedure Code, 1973, Section 401 -- Revision - While exercising revisional jurisdiction, High Court cannot revaluate and reappreciate the evidence produced by the prosecution until and unless it comes to the conclusion, that the finings arrived at by the Courts below, are perverse or illegal, being not based on any admissible evidence, or that there was..........
Criminal Procedure Code, 1973, Section 319, 401 -- Additional accused - Summoning of - Revision against - Names of petitioners have been specifically mentioned in FIR - FIR corroborates statement of complainant - Held, it is not an afterthought - Complainant has specifically stated that petitioners also harassed her with respect to demand of dowry - Statement of..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted and undergoing sentence in a criminal case - Subsequently convicted in another case - No prayer made for concurrent running of sentences - Judgment pronounced - After judgment, court cannot have resort to provisions of Section 427 to make sentences run concurrently - Remedy is..........
