Criminal Procedure Code, 1973, Section 401 -- Revision - Final relief cannot be granted at interim stage...........
Criminal Procedure Code, 1973, Section 378, 401 -- Appeal - Treated as revision - Even though there is no specific provision for treating appeal as revision but in case High Court is of view that in interest of justice it requires so to do then appeal can be treated as revision u/s 401 of the Code...........
Criminal Procedure Code, 1973, Section 401, 482, 362 -- Revision Petition - Prayer for discharge in cheating case was rejected by trial court - Revision thereagainst - Revision petition dismissed for no, appearance of petitioner - Revision petitioner filed restoration application - Application dismissed by holding that such application would amount to review - Held,..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Disposing of application without issuance of notice to the appellants - Appellants prejudiced by the impugned order - Impugned order set aside - Matter remitted to High Court for decision afresh...........
Criminal Procedure Code, 1973, Section 133 -- Nuisance - Order passed by SDM in proceedings u/s 133 of the Code - Held, if the affected party has grievance qua the validity of the order passed u/s 133 of the Code, he may take recourse to the remedy available to him in the form of an appeal or revision - Aggrieved party cannot validly file a civil suit against the order..........
Criminal Procedure Code, 1973, Section 397(2) -- Order of issuance of process - Revision thereagainst - Held, revision before sessions court challenging order of issuance of process by Magistrate is maintainable...........
Criminal Procedure Code, 1973, Section 401 -- Revision against conviction - High Court while exercising revisional jurisdiction is not to reevaluate and reappreciate the evidence of prosecution unless it comes to the conclusion that findings recorded are illegal, perverse or erroneous on account of misreading of evidence - In the instant case neither IO examined nor site..........
Criminal Procedure Code, 1973, Section 226, 227, 482 -- Nomenclature - Not relevant - Held, nomenclature under which petition was filed was not quite relevant and that did not debar court from exercising its jurisdiction which otherwise it possessed unless there was special procedure prescribed which procedure was mandatory - If in a case court finds that appellants could..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Offence u/s 304-B IPC - Acquittal - Challenged by private complainant - Unless any legal infirmity in the procedure or in the conduct of trial or patent illegality is pointed out, Revisional Court will not interfere - No such illegality pointed out - Revision dismissed...........
Criminal Procedure Code, 1973, Section 295, 397 -- Exemption from personal appearance - Rejection of application - Revision against - Held, maintainable...........
