Criminal Procedure Code, 1973, Section 340, 341(2) -- Court took suo motu action u/s 340 Cr.P.C. - Order u/s 341 not appealable - Such an order is also not challengeable by way of revision...........
Criminal Procedure Code, 1973, Section 397, 482 -- Revisional jurisdiction - Inherent powers - Exercise thereof - Held, except in interlocutory orders or second revision by same person, correctness, legality and propriety of impugned sentences or orders may be examined either by High Court or by Sessions Judge - Whereas u/s 482 of the Code, while exercising inherent..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 11(2), Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision at instance of complaint who could have challenged impugned order by way of an appeal u/s 11(2) of Probation Act is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision against - When records of a case are called for by High Court not on its own motion but at instance of a party to the proceedings, it is open to High Court to exercise power of suo motu revision...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Magistrate allowing application u/s 156(3) Cr.P.C. directing investigation after registration of FIR - Revision against by prospective accused - Not maintainable - Prospective accused has no right to stop the registration of FIR by challenging the order passed by Magistrate u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397(2), 438 -- Order granting anticipatory bail - Revision thereagainst - Maintainability - Impugned order which finally granted anticipatory bail to respondent - Held, it shall not be interlocutory order of nature mentioned in S.397(2) of the Cr.P.C. - Therefore, revision petition is maintainable...........
Practice and Procedure -- Criminal Jurisprudence - Order of Magistrate - Review thereof - Held, Magistrate has no jurisdiction and powers under the Code of Criminal Procedure to review his earlier orders passed rightly or wrongly - Criminal jurisprudence prohibits interference of any order which may have been even passed at an interlocutory stage - It is open to party, who..........
Criminal Procedure Code, 1973, Section 156(3), 200, 397, 401 -- Magistrate refused to direct investigation in the matter by police and took cognizance himself - Revision against - Held, accused has a right of hearing in such a revision...........
Criminal Procedure Code, 1973, Section 482 -- Maintainability of petition u/s 482 Cr.P.C. as alternative remedy of filing revision petition u/s 397 Cr.P.C. available - Summoning of petitioner by Magistrate under Prevention of Food Adulteration Act - Petition u/s 482 Cr.P.C. dismissed by High Court holding that petitioner had a remedy of filing revision under 397 Cr.P.C.-..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Mentally challenged minor son - Interim maintenance granted Rs.5, 000/- per month - Revision for enhancement - Dismissed by High Court - Plea that interim maintenance granted by Magistrate is inadequate from the point of view of need of appellant and income of respondent - Interim maintenance increased to..........
