Criminal Procedure Code, 1973, Section 401 -- Revision - Delay in filing - Condonation of - Revision petition was filed with a delay of 30 days - An application u/s 5 of Limitation Act has been preferred for condonation of delay contending therein that petitioner is in jail during course of trial of case, therefore, he could not prefer revision petition under prescribed..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Revision - High Court has same power to suspend the sentence as well as conviction as being exercised by Appellate Court u/s 389 Cr.P.C...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 406, 498A -- Conviction u/s 406 and 498-A IPC - Revision against - Accused in Govt. service - No moral turpitude involved - Conviction stayed during pendency of revision to save dismissal from service...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - High Court dismissed the revision petition without passing a speaking order - Held, that failure to give reasons amount to denial of justice and violation of principles of natural justice - Order of High Court set aside - Case remanded...........
Criminal Procedure Code, 1973, Section 397(2), Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 4(1), 4(2), 4(3), 6, 29 -- Rule No.9 (4), (6) & Rule 10 - Summoning order for offence under Pre-Natal Diagnostic Act - Order challenged in revision in Sessions Court - Revision dismissed by holding that impugned order is interlocutory in..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Power of High Court - High Court while exercising its revisional jurisdiction u/ss 397 & 401 Cr.P.C., it exercises a limited power - Its jurisdiction to entertain a revision application, although is not barred, but severally restricted, particularly when it arises from a judgment of acquittal...........
Criminal Procedure Code, 1973, Section 340, 195(1)(b)(i), Constitution of India, 1950, Article 227, Calcutta High Court (Appellate Side) Rules, 1957, Rule 10 -- Proceeding u/s 340 and S.195 of the Code - Revision thereagainst - Maintainability of - Held, all applications u/Art. 227 of the Constitution of India passed by any Judge in any civil suit and/or appeal,..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Application for transfer of case allowed by trial court - Application filed u/s 401 r/w S.482 thereagainst - Earlier revision application was dismissed for default and, as such, there was no discussion on points involved on merits - Present application has been filed u/s 401 r/w S.482 - Held,..........
Criminal Procedure Code, 1973, Section 156(3), 397, 401 -- Order of registration of case u/s 156(3) Cr.P.C. - Revision against at the instance of accused - Not maintainable - Proposed accused have no right to challenge such order...........
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482 -- High Court cannot reverse, alter or modify conviction which has become final by its own order passed in a revision petition, by using power u/s 482 Cr.P.C. taking note of subsequent events like compounding of the case...........
