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...........
Criminal Procedure Code, 1973, Section 397 -- Order of Magistrate directing issuance of process - Revision against - Maintainability - Held, such order is not purely interlocutory - Rather, it is an intermediate quasi final order and is therefore amenable to the powers of revision u/s 397 of Cr.P.C...........
Criminal Procedure Code, 1973, Section 427 -- Consecutive or concurrent execution of sentences - Guidelines or directions governing the mode, method or principle where direction for consecutive or concurrent execution of sentences are to be made - There are no set guidelines, principles which would govern the exercise of discretion u/s 427(1) Cr.P.C. - It is judicial..........
Criminal Procedure Code, 1973, Section 427 -- Consecutive or concurrent execution of sentences - Normal rule is that sentences to run consecutively - However, it is discretion of Court to order sentence to run concurrently - In case trial Court does not issue a direction to run sentence concurrently and appeal or revision is also decided then it is not open for a person to..........
Criminal Procedure Code, 1973, Section 320(6), 401 -- Revision - Power to compound offences - Held, S.320(6) Cr.P.C. confers powers upon High Court and Sessions Court acting in the exercise of its powers of revision u/s 401 to allow any person to compound any offence which such person is competent to compound under this section...........
Criminal Procedure Code, 1973, Section 197 -- Appellant prosecuted for removal of tea stall - Appellant a public servant and while discharging the official duty removed the encroachment under the orders of competent authority - Appellant is protected u/s 197 Cr.P.C. - Order of cognizance rightly set aside in revision...........
